LAWS(P&H)-2012-5-415

DAVINDER SINGH RANDHAWA Vs. MAJOR SUMEET KAUR RANDHAWA

Decided On May 18, 2012
Davinder Singh Randhawa Appellant
V/S
MAJOR SUMEET KAUR RANDHAWA Respondents

JUDGEMENT

(1.) The present petition arises out of a matrimonial dispute between the parties. Both are qualified doctors. The husband has approached this court impugning the orders dated 2.3.2012 and 12.3.2012, whereby the petitioner has not been permitted to put the documents to the respondent during cross-examination of the respondent-wife, who is the petitioner before the court below and the same was treated as closed. As the respondent-wife has already filed a caveat, hence both the parties were heard for final disposal of the petition.

(2.) Learned counsel for the petitioner submitted that for effective cross-examination of the respondent, the case file of a petition filed by the respondent before the Guardian Judge, Amritsar was required. The same was even directed to be summoned but was not received. The petitioner cannot be made to suffer on that account. He further submitted that for delay in cross-examination of the respondent-wife, the petitioner is not solely to be blamed as on some occasions, even she did not appear, whereas on 2-3 occasions, the case had to be adjourned as the Fast Track Courts were abolished in the State. Still the submission is that the petitioner had been doing all what is required to save the marriage. In fact, the parties lived together till 18.5.2008 and all of a sudden thereafter the respondent filed the divorce petition on 18.10.2008 alleged cruelty and other things against the petitioner. The next date of hearing is stated to be 30.5.2012.

(3.) On the other hand, learned counsel for the respondent submitted that the primary object of the petitioner is to delay the proceedings. Though the respondent had been posted at different places away from Amritsar, but she had been visiting the court almost regularly to attend the hearings except on the dates when she could not get leave. The affidavit in examination-in-chief of the respondent was filed on 20.3.2009 and thereafter the case is pending only for her cross-examination.