Punjab-Haryana High Court
Amandeep Singh S/O Sh. Inderjeet Singh vs Harveen Kaur W/O Amardeep Singh on 27 September, 2012
Author: K. Kannan
Bench: K. Kannan
CR No. 5706 of 2012 1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
CR No. 5706 of 2012
Date of decision: September 27, 2012
Amandeep Singh s/o Sh. Inderjeet Singh
....... Petitioner
Versus
Harveen Kaur w/o Amardeep Singh
........ Respondents
CORAM: HON'BLE MR. JUSTICE K. KANNAN
Present:- Mr. Arihant Jain, Advocate
for the petitioner.
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1. Whether reporters of local papers may be allowed to see the judgment ?
2. To be referred to the reporters or not?
3. Whether the judgment should be reported in the digest?
K. Kannan, J (oral).
1. By the nature of order that I propose to pass, I dispense with notice to the respondents. The husband has filed a petition for divorce under Section 13 and the wife has filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act. The application filed for consolidating both the cases together for a common trial pending before the same Court has been rejected on the ground that averments in the respective petitions are not the same. The reasoning of the Court is totally erroneous. The decision of whether the wife is entitled to restitution even when the husband is asking for divorce would necessarily involve common question of law and fact to be dealt with. It is only appropriate that both the cases are taken up together. CR No. 5706 of 2012 2
2. The impugned order is set aside and there shall be a direction that the petition filed by the husband for divorce and the petition filed by the wife for restitution are taken up together and common evidence would be lead in both the cases for disposal.
3. The revision petition is allowed.
(K. KANNAN) JUDGE September 27 2012 archana