Punjab-Haryana High Court
Sugandh Khanna vs Aanchal Khanna And Anr on 10 October, 2018
Author: Jaishree Thakur
Bench: Jaishree Thakur
Crl. Misc. M-44822-2018 -1-
IN THE HIGH COURT FOR THE STATES OF PUNJAB AND
HARYANA AT CHANDIGARH
Crl. Misc. M-44822 of 2018 (O&M)
Date of Decision: October 10, 2018
Sugandh Khanna
...Petitioner
Versus
Aanchal Khanna and another
...Respondents
CORAM:- HON'BLE MS. JUSTICE JAISHREE THAKUR
Present:- Mr. Jitender Dhanda, Advocate
for the petitioner.
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JAISHREE THAKUR, J. (Oral)
The limited prayer made in this petition is for a direction to the JMIC, Gurgaon (now Gurugram) to decide the complaint No.53 dated 30.5.2016 titled as "Aanchal Khanna vs. Sugandh Khanna" filed under Section 12 of Protection of Women from Domestic Violence Act (for short 'DV Act'), which is being by the respondent-wife.
Learned counsel for the petitioner contends that the mediation process has failed between the parties even in the High Court. It is further contended that an attempt has been made to delay the proceedings in the said case.
I have heard learned counsel for the petitioner and have also perused the various zimni orders that have been passed by the JMIC on several occasions. The matter had been adjourned for awaiting report of the 1 of 2 ::: Downloaded on - 14-10-2018 15:00:02 ::: Crl. Misc. M-44822-2018 -2- Mediator. By an order dated 20.07.2018, the case was adjourned to 10.08.2018 for awaiting the report of the Mediator, on which date the mediation report was received, showing that the mediation had remained unsuccessful. The case was adjourned to 07.09.2018 for reply to the application filed under Section 25(2) of DV Act. Again on 07.09.2018, the case was taken up and it was noted by the court that the mediation report is awaited. This order has been passed without taking into consideration that on the previous date, the mediation report had already been received. The DV Act case has been filed as far back as 2016 and the petitioner herein is facing trial therein.
In view of the above, the instant petition stands disposed of in limine with a direction to the concerned JMIC where the DV Act case is pending to expedite the trial of the case and dispose of the same in a time bound manner.
(JAISHREE THAKUR)
October 10, 2018 JUDGE
vijay saini
Whether speaking/reasoned Yes/No
Whether reportable Yes/No
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