DHIRAJ JAIN vs SHOBHINI GUPTA - 2024-01-02

O R D E R

1. Permission to appear and argue in person is granted.

2. Applications seeking exemption from filing certified copy of the impugned judgment and exemption from filing official translation are allowed including Interlocutory Applications No.241194, 241195 and

241143/2023.

3. The petitioner-husband who appears in-person has assailed the orders dated 21st February, 2022, passed by the High Court of Punjab and Haryana at Chandigarh dismissing an appeal preferred by the petitioner- husband and upholding the order dated 28th February 2018, passed by the trial Court granting divorce in a petition filed by the respondent-wife. The petitioner-husband has also challenged an order dated 14th October, 2021 passed by the High Court dismissing an application filed by him against an earlier order dated 21st May, 2019 directing him to pay a sum of ₹15,000/- (Rupees Fifteen thousand only) to the respondent-wife as interim maintenance in terms of an offer made by him.

4. After addressing arguments at some length, the petitioner- husband submits that he may be permitted to confine the relief in SLP (CIVIL) Diary No.22791/2023 to expungement of the observations made by the trial Court in para 19 of the judgment dated 28th February, 2018 relating to impotency arguing that the respondent-wife had not filed the petition for divorce on the grounds of impotency and therefore, there was no occasion for the Court to have made any observations on the above aspect.

5. Further, the petitioner-husband states that he has no objection to the order granting divorce in favour of the respondent-wife and is willing to pay her a sum of ₹5,50,000/- (Rupees Five lakhs fifty thousand only) in terms of the order passed on 21st May, 2019 and upheld by the High Court on 14th October, 2021 but states that despite the decree of divorce granted in favour of the respondent-wife she is continuing to pursue a petition under Sections 498A/406/506 of the Indian Penal Code which may be closed on his paying the aforesaid amount.

6. Delay condoned. Limited to the aforesaid aspect, issue notice to the respondent-wife.

7. List after service is complete.

(Geeta Ahuja) (Dipti Khurana )

Assistant Registrar-cum-PS Assistant Registra r