LAWS(P&H)-2021-4-52

SUMATI GULHATI Vs. PRATEEK BAJAJ

Decided On April 29, 2021
Sumati Gulhati Appellant
V/S
Prateek Bajaj Respondents

JUDGEMENT

(1.) This matter is being taken up for hearing through video conferencing due to the outbreak of pandemic, COVID-19.

(2.) Prayer in this revision petition is for setting aside order dated 03.02.2021, passed by the learned Additional District Judge, Chandigarh, Family Court, whereby application filed by the petitioner under Section 151 CPC, seeking physical appearance of witnesses sought to be examined by the respondent-husband in his petition under Section 13 of the Hindu Marriage Act and not proceeding with examination of the petitioner's witnesses through video conferencing, has been dismissed. Certified copy of the order dated 03.02.2021 was furnished in Court on 23.04.2021 as the same was not available with the petitioner at the time of filing of this petition. Same is taken on record, subject to just exceptions.

(3.) Brief facts necessary for adjudication of the matter are that respondent-husband filed a petition under Section 13 of the Hindu Marriage Act in 2019 at Secunderabad Courts. Present petitioner sought transfer of the proceedings from the Family Court at Secunderabad to Jammu as she was stated to be residing at Jammu along with her parents and minor child. The Hon'ble Supreme Court vide order dated 20.09.2019 in Writ Petition(C) No. 276 of 2019, transferred the proceedings from Family Court at City Civil Court at Secunderabad to the District Judge at Chandigarh. Family Court at Chandigarh was further directed to decide the matter within a period of six months. The period of six months came to an end on 20.03.2020. However, due to outbreak of the pandemic, COVID-19, proceedings could not take place. An extension was ultimately afforded to conclude the proceedings till 30.06.2021.