Jammu & Kashmir High Court
Mohammad Zaheer vs Rubina Kousar on 24 February, 2020
Equivalent citations: AIRONLINE 2020 J AND K 471
Author: Rajesh Bindal
Bench: Rajesh Bindal
Sr. No. 27
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
WP(C) No. 4434/2019
CM No. 9390/2019
Mohammad Zaheer ...Petitioner(s)
Through: - Mr. Ajaz Choudhary, Advocate
v/s
Rubina Kousar ... Respondent(s)
Coram: HON'BLE MR. JUSTICE RAJESH BINDAL, JUDGE
ORDER
1. The petitioner who is husband of respondent-Rubina Kousar has filed the present petition seeking direction to the learned court below for expeditious disposal of the matrimonial cases pending in the courts at Poonch. In the petition, details of following three cases have been furnished:-
1. Mohammad Zaheer vs. Rubina Kouser (File No. 309/Civil Suit dated 22.02.2018 before Sub Judge (Special Mobile Magistrate, Poonch).
2. Rubina Kouser vs. Mohammad Zaheer (File No. 01/Cr. Complaint dated 18.04.2018 before Sub Judge (Special Mobile Magistrate) Poonch.
3. Rubina kouser vs. Mohammad Zaheer (File No. 31/Civil dated 09.06.2018 before District Judge Poonch)."
2. Learned counsel for the petitioner submitted that case No. 1 has been filed by him for restitution of the conjugal rights. Case at serial No. 2 2 WP(C) No. 4434/2019 has been filed by the respondent-wife, which is a complaint in which he along with other family members have been summoned to face trial under Sections 498-A, 341, 323, 504 RPC. Case at serial No. 3 has also been filed by the respondent-wife for recovery of dower.
3. He further submitted that the matter was referred to meditation, however, no resolution could be found.
4. As far as cases at serial Nos. 1 and 2 are concerned, those are stated to be pending before the same Court and can always be fixed on the same day so that the parties, if they wish to appear or otherwise are not required to visit the court on different dates for hearing of the aforesaid two cases. For the purpose, the petitioner is given liberty to move appropriate application before the concerned court. He is also at liberty to move an application seeking his exemption from personal appearance, which the court may consider, if the appropriate grounds are made out for the purpose.
5. As far as case at serial No. 3 is concerned, the same has been filed by the wife seeking recovery of dower and is pending before the Court of District Judge, Poonch. The same can also be fixed on the same day on which other two cases are fixed. It would be convenient for the parties to attend hearings in all the case on a single day. For the purpose, it shall be the duty of the parties to the litigation to apprise the court concerned, about the dates fixed in the other cases.
6. As far as prayer of the petitioner regarding expeditious hearing of the cases is concerned, needless to add that any matrimonial litigation should be resolved at the earliest. Firstly by finding amicable solution and in case there is no success to decide the same on merits. 3 WP(C) No. 4434/2019
7. With the aforesaid observations, the present petition is disposed of.
(RAJESH BINDAL) JUDGE Jammu 24.02.2020 Bir Whether the order is speaking? : Yes/No Whether the order is reportable? : Yes/No. BIR BAHADUR SINGH 2020.02.29 16:55 I attest to the accuracy and integrity of this document