SHARANJIT KAUR Vs. NIRMAL SINGH

JUDGEMENT

(1.) This petition has been filed by the petitioners seeking quashing of complaint titled as Nirmal Singh Vs. Sharanjit Kaur and others bearing registration No. COM I/46/2014 dated 22.08.2014 pending in the Court of Sub Divisional Judicial Magistrate, Sultanpur Lodhi, and summoning order dated 03.07.2015 passed by the said Court.

(2.) Before having a look at the facts of complaint it would be relevant to take a note of undisputed facts which are as follows:-

(3.) Learned counsel for the petitioners has argued that the complaint filed by respondent No. 1 is a sheer misuse of the process of Court as in the compromise there was no date fixed for filing of the divorce petition. Even otherwise the son of complainant was living in Italy as such joint divorce petition could not be filed. It was filed on 02.07.2014 i.e. much prior to the date i.e. 15.07.2014 mentioned by Harjinder Singh in his affidavit. As the son of the complainant-respondent No.1 was abroad, it took time to conclude the evidence and the learned Court decided the petition in Oct., 2015. The delay in deciding of the divorce petition cannot be attributed to the petitioners. Nirmal Singh had appeared as a witness in that petition and was aware of the filing of the petition but still opted to file this complaint.