IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
............ – Appellant
Versus
............ – Respondent
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Civil Revision No.7931 of 2025 (O & M)
Date of decision :-06.11.2025 Satvir Singh Dhindsa @ Satvir Singh …..Petitioner Versus Sukhwinder Kaur and others …..Respondents CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Naresh Kumar Manchanda, Advocate for the petitioner.
NIDHI GUPTA J. (Oral)
Prayer in this petition is for setting aside the impugned order dated 23.10.2025 (Annexure P-6) passed by the learned Additional Principal Judge, Family Court, Sangrur, in Civil Suit No.49/2022, titled as ‘Sukhwinder Kaur vs. Satvir Singh Dhindsa @ Satvir Singh’, vide which evidence of the defendant has been closed by Court order and the case is fixed for arguments.
On 23.10.2025 the following impugned order was passed by the learned Additional Principal Judge, Family Court, Sangrur :-
“On 20.10.2025 last and final opportunity was granted to conclude remaining evidence of defendant but today no DW is present. As such, evidence of the defendant is ordered to be closed.
Now to come up on 30.10.2025 for arguments.
Arguments on application for dismissal of suit for non compliance dated 26.05.2025 would be heard on the date fixed.”
Learned counsel for the petitioner/husband/defendant submits that the respondents/plaintiffs filed a petition/suit for recovery of arrears of maintenance allowance for the period from 18.10.2019 to 17.10.2022 from the petitioner/defendant @ Rs.70,000/- per month (i.e. Rs.40,000/- per month for respondent/plaintiff No.1 and Rs.15,000/- per month for respondents No.2 and 3 each) from October 2019 till filing of the petition. Upon notice, petitioner/defendant had put in appearance and filed written statement. After framing of issues, the matter was fixed for evidence of the respondents/plaintiffs. Further, respondent/plaintiff No.1 had not furnished the affidavit of Assets and liabilities as per guidelines laid down by the Supreme Court and supplied false and incomplete information in her affidavit by concealing the true facts from the Court. The respondent No.1 has willfully thrown out the petitioner from his own house and willfully refuses to live with the petitioner. Thereafter, the petitioner filed an application for directing respondent No.1 to comply with the guidelines of the Supreme Court and for dismissal of the suit filed by respondent No.1. Thereafter the matter was fixed for reply to the application and evidence of the respondents/plaintiffs. The respondents/plaintiffs examined their two witnesses and thereafter the case was fixed for documentary evidence of the respondents/plaintiffs. On 29.8.2025 the respondents closed their documentary evidence and filed reply to the application filed by the petitioner for dismissal of suit filed by respondents. Learned counsel submits that then the case was fixed for evidence of the petitioner/defendant and for arguments on the application moved by him. After availing three opportunities i.e. 12.9.2025, 19.9.2025 and 30.9.2025 when the petitioner/defendant failed to adduce his evidence, last opportunity was granted to him to adduce evidence and address arguments on application. Thereafter the matter was adjourned for 14.10.2025 and 20.10.2025 due to Resolution of Bar Association to abstain from work. When no evidence was adduced by the petitioner, the impugned order dated 23.10.2025 (Annexure P-6) has been passed by the learned Addl. Principal Judge, Family Court, Sangrur.
Learned counsel submits that the petitioner/defendant would suffer irreparable loss if the impugned order dated 23.10.2025 (Annexure P-6) is not set aside. Moreover, petitioner is more than 75 years old suffering from acute old age ailments. Accordingly, learned counsel prays that one effective opportunity may be granted to the petitioner/defendant to conclude his evidence, as grave injustice will be caused to him if he is not permitted to do so.
After hearing learned counsel for the petitioner, issuance of notice of motion is dispensed with at this stag
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