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[2026:RJ-JD:6642]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

S.B. Civil Writ Petition No. 2553/2026

Ranveer Singh S/o Shri Darshan Singh, Aged About 28 Years, R/

o Ward No.12 Sector No.12, Hanumangarh Junction Tehsil And

District- Hanumangarh Raj.

----Petitioner

Versus

Komal Kour W/o Shri Ranveer Singh D/o Shri Surjeet Singh, R/o

Rajvi Enclave, Hanumangarh Town, District Hanumangarh

Rajasthan.

----Respondent

For Petitioner(s) : Mr. Manish Dadhich

Ms. Pooja Jat

For Respondent(s) : -

HON'BLE MR. JUSTICE KULDEEP MATHUR

Order

05/02/2026

By way of filing the present writ petition under Article 226 &

227 of the Constitution of India, the petitioner has prayed for the

following reliefs:-

“It is, therefore, humbly and respectfully prayed that

this writ petition of the petitioner may kindly be allowed

and by an appropriate writ order or directions:-

(i) The impugned order dated 08-10-2025 annexure-5 may

kindly be quashed and set aside with all consequential

benefits.

(ii) Any other appropriate writ, order or direction which this

Hon'ble Court may deems just and proper in the facts and

circumstances of the case may kindly be passed in favour

of the petitioner.

(iii) Writ petition filed by the petitioner may kindly be

allowed with costs.”

2. Having heard the learned counsel for the parties and having

perused the material available on record, this Court finds that the

application filed by the petitioner under Order 16 Rule 1 CPC was

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rejected by the learned trial Court on the ground that the same

has been filed after an inordinate delay and in violation of the

provisions of Order 16 Rule 1(1) of CPC without furnishing any

plausible explanation.

4. This Court finds that the petitioner has filed an application

under Section 9 of the Hindu Marriage Act before the learned

Family Court, Hanumangarh. As per the petitioner, he is being

represented before the learned Family Court, Hanumangarh

through Amicus Curiae. The petitioner had no knowledge about

the niceties of the legal proceedings and since he was not advised

by his Amicus Curiae to file the list of witnesses, he could not do

so.

5. Learned counsel submitted that the provisions contained

under Order 16 Rule 1 CPC requires liberal interpretation and,

therefore, in the interest of justice and keeping in view the

principles of fair play, the petitioner may be granted one last

opportunity to submit a list of witnesses before the learned Family

Court on the next date of hearing.

6. This Court, after perusing the order impugned, prima facie

finds that the petitioner had failed to produce list of witnesses

before the learned Family Court well within time. However,

keeping in view the fact that the petitioner is being represented

through Amicus Curiae or as per the petitioner, he himself is not

aware about the niceties of law so also keeping in view the

principles of natural justice, this Court deems it just and proper to

grant one last opportunity to the petitioner to submit/ produce the

list of witnesses before the learned trial Court.

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7. Consequently, the impugned order dated 08.10.2025 is

quashed and set aside. The petitioner is directed to submit list of

witnesses before the learned Family Court positively on the next

date of hearing, subject to payment of cost of Rs.5,000/- to the

respondent through his Advocate/ Amicus Curiae.

8. It is made clear that in case the petitioner fails to produce

the list of witnesses before the learned Family Court,

Hanumangarh on the next date of hearing, no further opportunity

shall be granted to him for that purpose and in case the petitioner

submits the list of witnesses, the same shall be taken on record

and the learned trial Court shall accordingly proceed in the matter.

9. With the aforesaid directions, the present civil writ petition

as well as stay a