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2026 Supreme(Online)(P&H) 8508

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.2733 of 2026 (O & M)

Date of decision :-30.03.2026 Ashish Shukla …..Petitioner Versus Sonia …..Respondent CORAM:- HON'BLE MS. JUSTICE NIDHI GUPTA Present:- Mr. Vaibhav Sehgal, Advocate with Ms. Shravya Doomra, Advocate and Mr. Umesh Dhariwal, Advocate for the petitioner.

NIDHI GUPTA J. (Oral)

The present revision petition has been filed by the petitioner/husband seeking issuance of a direction to the learned Family Court, Jalandhar, to decide the application for restoration i.e.

CM No.625 of 2025 (Annexure P-9), in a time-bound manner.

Learned counsel for the petitioner submits that the marriage between the parties was solemnized on 24.06.2012. Owing to matrimonial discord, the parties have been living separately since January 2014. No child has been born out of their wedlock. The petitioner had then instituted a petition under Section 13 of the Hindu Marriage Act on 16.08.2017 seeking dissolution of marriage on the grounds of cruelty and desertion.

Learned counsel submits that as is evident from zimni order dated 23.01.2025 (Annexure P-4), passed by the Additional Principal Judge, Family Court-II, Ludhiana the matter had reached the stage of final arguments, when at the asking of the respondent the parties entered into a compromise dated 23.01.2025. In pursuance thereof, the petitioner withdrew the said petition (under Section 13 of Hindu Marriage Act) vide statement dated 28.01.2025 (Annexure P- 5), and an amount of ₹5,00,000/- was paid to the respondent in terms of the Settlement. Subsequently, as per the Settlement, the petitioner filed a petition under Section 13-B of the Hindu Marriage Act for divorce by mutual consent.

However, after recording of 1st motion statement, the respondent later resiled from the said compromise and declined to make the second motion statement, as reflected from her statement dated 08.08.2025 (Annexure P-10). In these circumstances, the petitioner had accordingly moved an application dated 15.09.2025 (Annexure P-9) seeking restoration of the original petition under Section 13 of the Hindu Marriage Act.

Learned counsel submits that the parties have been living separately for more than a decade and the petitioner has been pursuing the litigation since the year 2017. It is, thus, prayed that a direction be issued to the learned Family Court for expeditious disposal of the restoration application.

Heard.

Considering the nature of the relief sought, this Court is of the view that issuance of notice of motion to the respondent would only result in further delay and is, therefore, dispensed with at this stage.

In view of the aforesaid facts and circumstances, particularly the prolonged pendency of the dispute and the limited nature of the prayer, the present revision petition is disposed of with a direction to the learned Family Court, Jalandhar, to consider and decide the restoration application (Annexure P-9) filed by the petitioner, expeditiously, preferably within six months from today, in accordance with law.

Pending application(s), if any, shall also stand disposed of.

March 30, 2026 ( NIDHI GUPTA )

JUDGE Vijay Asija Whether speaking/reasoned Yes / No Whether Reportable Yes / No

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