NIRPINDER SINGH Vs. HARSIMRAT AND ANOTHER

JUDGEMENT

(1.) Allowed. For the reasons recorded in the application, application under Order 9 Rule 7 of the Civil Procedure Code for restoration of the case is hereby allowed and the revision petition restored to its original number and taken up for hearing for today, itself.

(2.) Instant petition has been filed under Article 227 of the Constitution of India for setting aside the order dated 3.12.2012 (annexure P-5) passed by learned Additional District Judge, Ludhiana, passed in execution petition titled 'Nirpinder Singh v. Rupinder Kaur' whereby execution application has been disposed of as having become infructuous.

(3.) Brief facts of the case are that during the pendency of petition under Section 13 of the Hindu Marriage Act filed by the petitioner against his wife, an application under Section 26 of the Hindu Marriage Act for custody of minor children was filed by the petitioner. It is further averred that the decree of divorce was passed on 1.8.2005, but in the decree for divorce, no relief under Section 26 of the Hindu Marriage Act was granted. Thereafter, the decree was corrected vide order dated 4.10.2006 and directions were issued to hand over the custody of minors Harsimrat and Pawanpreet Kaur to the petitioner. The petitioner moved an application for execution of decree and sought the custody of both the minors, who are now residing with their maternal grand-father. For setting aside the ex-parte decree of divorce, minors-Harsimrat and Pawanpreet Kaur approached the Court by bringing the facts before the Court that Rupinder Kaur had already been murdered on date of decree. The application was however dismissed vide order dated 13.08.2008.