Punjab-Haryana High Court
Dr.Anshul Chugh vs Dr.Deepti Dhingra on 22 December, 2011
Author: Jaswant Singh
Bench: Jaswant Singh
CR No.6518/2011 1
IN THE HIGH COURT OF PUNJAB & HARYANA AT
CHANDIGARH
CR No.6518/2011
Date of decision: 22.12.2011.
Dr.Anshul Chugh
....................Petitioner
v.
Dr.Deepti Dhingra
.....................Respondent
Coram: Hon'ble Mr.Justice Jaswant Singh
Present: Mr.Akashdeep Singh,Advocate for the petitioner.
Jaswant Singh.J.(Oral)
Petitioner-husband has approached this Court under Article 227 of the Constitution for issuance of a direction for expeditious disposal of his divorce petition filed on 3.2.2009. It is submitted that the petitioner husband and respondent wife are Doctors by profession and their marriage was solemnised on 29.9.2006. No issue out of their wedlock was born. It is alleged that due to cruel attitude of the wife, petitioner husband was constrained to file divorce petition under Section 13 of the Hindu Marriage Act (for short the Act) in the court of competent jurisdiction at Rohtak (Haryana). Since the respondent wife had moved to Kapurthala the case was transferred to Courts at Kapurthala vide order dated 2.8.2010 passed by Hon'ble the Supreme CR No.6518/2011 2 Court. It is further stated that thereafter trial commenced on 9.10.2010 at the Courts at Kapurthala.
Learned counsel submits that since the petitioner is desirous of pursuing higher education in Canada commencing April 2012, a prayer by way of this petition has been made for early disposal of the divorce petition keeping in view the provisions of Section 21-B of the Act as also the conduct of respondent wife, who on one pretext or the other is not completing the cross examination of the witnesses examined in chief on behalf of the petitioner-husband.
Learned counsel further submits that as on today the evidence of PW1, PW4 and PW5 is complete whereas petitioner appearing as PW2 has been partly cross examined and his father appearing as PW3 remains to be cross examined. He, by referring to various zimni orders submits that it is evident that the completion of the cross examination of PW2 and PW3 is being unnecessarily delayed.
After hearing the learned counsel for the petitioner and keeping in view the facts and circumstances of the case I deem it expedient in the interest of justice more so in the light of provisions of sub section(2) of Section 21-B of the Act that appropriate directions are required to be issued to trial court to conclude the trial in an expeditious manner.
Accordingly this petition is disposed of with a direction to the learned Family Court to conclude the trial within a period of five months from today by giving short dates and limited opportunities to CR No.6518/2011 3 the parties.
This order is being passed without issuing notice to the respondent wife, to avoid delay and expenditure on her behalf.
Disposed of in the above terms.
22.12.2011 (Jaswant Singh) joshi Judge