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High Court of Punjab and Haryana · body

2025 DAILYLAW 73168 (PNJ)

ARUN v. DEEKSHA

CRR(F)/1060/2025 · 2025-07-28

Alok Jain

body2025

Judgment text

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CRR(F)-1060 IN THE HIGH COURT OF PUNJAB AND HARYANA AT (112) Arun Deeksha CORAM: Present: ALOK JAIN, CRM-28366 days in filing the Delay of 20 CRR(F)-1060 1. challenging the order dated District Judge, Family Court, Bhiwani, whereby an application filed by the petitioner seeki regarding the affidavits filed by them in the proceedings under Section 125 Cr.P.C. was dismissed. 2. (respondent 1060-2025 (O&M) IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Versus HON’BLE MR. JUSTICE ALOK JAIN **** Mr. Ajay Kumar Gupta, Advocate for the ALOK JAIN, J. (Oral) 28366-2025 Prayer in this application is for condonation of delay of days in filing the petition. For the reasons stated in the application, the same is allowed. days in filing the petition stands condoned. 1060-2025 The present revision petition has been filed, challenging the order dated 07.04.2025 passed by the Learned Additional District Judge, Family Court, Bhiwani, whereby an application filed by the petitioner seeking permission to cross-examine r regarding the affidavits filed by them in the proceedings under Section 125 Cr.P.C. was dismissed. Learned counsel for the petitioner submits that the petitioner -husband) is diligently contesting the petition under Section 125 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH CRR(F)-1060-2025 (O&M) Date of Decision:- 28.07.2025 ……petitioner ……Respondent ALOK JAIN , Advocate for the petitioner. Prayer in this application is for condonation of delay of 20 For the reasons stated in the application, the same is allowed. stands condoned. The present revision petition has been filed, inter alia, passed by the Learned Additional District Judge, Family Court, Bhiwani, whereby an application filed by the examine respondents No. 1 and 2 regarding the affidavits filed by them in the proceedings under Section 125 Learned counsel for the petitioner submits that the petitioner husband) is diligently contesting the petition under Section 125 - .07.2025 petitioner ……Respondent 20 For the reasons stated in the application, the same is allowed. , passed by the Learned Additional District Judge, Family Court, Bhiwani, whereby an application filed by the espondents No. 1 and 2 regarding the affidavits filed by them in the proceedings under Section 125 Learned counsel for the petitioner submits that the petitioner husband) is diligently contesting the petition under Section 125 MANJU 2025.08.06 10:25 I attest to the accuracy and integrity of this document CRR(F)-1060 Cr.P.C., and during the proceedings respondent- subsequently when the affidavit of PW the respondent application seeking permission to cross 3. impugned order came to be passed as the application filed by did not disclose complete particulars. Therefore, he prays that the impugned order be set aside only to enabl 4. it to be a fit case where notice of motion should be issued to the respondents and the matter can be disposed of by setting aside the order dated 07.04.2025 detailing the complete particulars as to why examine PW 5. the impugned o aside only to enable the petitioner to file a fresh application seeking permission to cross 6. expression of op jurisdiction shall re merits and in accordance with law. 7. same shall not be a ground to delay the filing of the affidavit by the 1060-2025 (O&M) Cr.P.C., and during the proceedings before learned Court below wife appear as PW-1 filed her affidavit on subsequently when the affidavit of PW-2, who happens to be the father of the respondent-wife, was filed, the petitioner immediately moved an application seeking permission to cross-examine PW Learned counsel for the petitioner impugned order came to be passed as the application filed by did not disclose complete particulars. Therefore, he prays that the impugned order be set aside only to enable the petitioner to file a fresh application. Considering the nature of the order being passed, I do not find it to be a fit case where notice of motion should be issued to the respondents and the matter can be disposed of by setting aside the order 07.04.2025, solely to enable the petitioner to file a fresh application detailing the complete particulars as to why examine PW-1 and PW-2. In light of the above, the present petition is disposed of, and the impugned order dated 07.04.2025, though being legal and valid, is set aside only to enable the petitioner to file a fresh application seeking permission to cross-examine PW-1 and PW- It is made clear that this order shall not be taken as expression of opinion on the merits of the case, jurisdiction shall re-assess and consider the said application on its own merits and in accordance with law. It is also clarified that, in case such an application is file same shall not be a ground to delay the filing of the affidavit by the -2- before learned Court below, when the filed her affidavit on 13.02.2025, and 2, who happens to be the father of wife, was filed, the petitioner immediately moved an examine PW-1 and PW-2. for the petitioner has fairly submitted that the impugned order came to be passed as the application filed by the petitioner did not disclose complete particulars. Therefore, he prays that the impugned e the petitioner to file a fresh application. Considering the nature of the order being passed, I do not find it to be a fit case where notice of motion should be issued to the respondents and the matter can be disposed of by setting aside the order , solely to enable the petitioner to file a fresh application detailing the complete particulars as to why the petitioner seeks to cross- In light of the above, the present petition is disposed of, and , though being legal and valid, is set aside only to enable the petitioner to file a fresh application seeking -2, with full particulars. It is made clear that this order shall not be taken as an inion on the merits of the case, and the Court of competent assess and consider the said application on its own It is also clarified that, in case such an application is filed, the same shall not be a ground to delay the filing of the affidavit by the - , when the , and 2, who happens to be the father of wife, was filed, the petitioner immediately moved an has fairly submitted that the the petitioner did not disclose complete particulars. Therefore, he prays that the impugned Considering the nature of the order being passed, I do not find it to be a fit case where notice of motion should be issued to the respondents and the matter can be disposed of by setting aside the order , solely to enable the petitioner to file a fresh application - In light of the above, the present petition is disposed of, and , though being legal and valid, is set aside only to enable the petitioner to file a fresh application seeking an and the Court of competent assess and consider the said application on its own d, the same shall not be a ground to delay the filing of the affidavit by the MANJU 2025.08.06 10:25 I attest to the accuracy and integrity of this document CRR(F)-1060 petitioner in the proceedings so that pleadings may be completed. The Court may also consider that the petitioner has filed his affidavit in evidence and, if it is inclined to al a similar opportunity shall be granted to the respondent the petitioner 8. costs of ₹2,500/ 9. respondent is July 28, 2025 manju Whether speaking/reasoned: Whether Reportable: 1060-2025 (O&M) petitioner in the proceedings so that pleadings may be completed. The Court may also consider that the petitioner has filed his affidavit in evidence and, if it is inclined to allow cross a similar opportunity shall be granted to the respondent the petitioner, in the interest of justice. Accordingly, the present petition is disposed of, ₹2,500/-, to be paid by the petitioner to the respondent The respondent is at liberty to approach this Court in case respondent is aggrieved by this order. , 2025 speaking/reasoned:- Yes/No Whether Reportable:- Yes/No -3- petitioner in the proceedings so that pleadings may be completed. The Court may also consider that the petitioner has filed his affidavit in low cross-examination of the respondent, a similar opportunity shall be granted to the respondent to cross-examine Accordingly, the present petition is disposed of, subject to he petitioner to the respondent. at liberty to approach this Court in case the (ALOK JAIN) JUDGE - petitioner in the proceedings so that pleadings may be completed. The Court may also consider that the petitioner has filed his affidavit in examination of the respondent, examine subject to the MANJU 2025.08.06 10:25 I attest to the accuracy and integrity of this document