2023:PHHC:070285

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH

CR-5262-2019 (O&M)

Date of Decision: May 15, 2023

Harish Batra

...Petitioner

Versus

Ruchi

...Respondent

CORAM:

HON'BLE MRS. JUSTICE ARCHANA PURI

Present:

Petitioner-in-person along with

Mr.R.S.Bains, Senior Advocate with

Mr.Aman Raj Bawa, Advocate.

Respondent-in-person along with

Mr.Deepak Girotra, Advocate

****

ARCHANA PURI, J.

Challenge in the present petition is to the order dated

23.07.2019 passed by learned Addl. Principal Judge, Family Court,

whereby, an application for summoning of the documents, as detailed in the

application itself, was dismissed.

During the pendency of the petition under Section 13 of the

Hindu Marriage Act, when the case was pending for cross-examination of

the respondent-wife, who was petitioner before the Family Court, a counter

claim was filed by the present petitioner-husband and he also filed an

application for summoning of the documents. In the application, it was

VINEET GULATI

2023.05.18 10:00

I attest to the accuracy and

authenticity of this document

Chandigarh

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CR-5262-2019

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averred that it was necessary and expedient in the interest of fair trial and

justice, that the requisite documents, the detail whereof is hereinafter given,

are essential for effective cross-examination of the respondent-wife:-

(i)

Record of marriage dated 29.11.2012 of petitioner and

respondent including affidavit, application for permission,

application form and other documents submitted by the

petitioner Ms.Ruchi to Arya Samaj Mandir, Guru Harkishan

Marg, Raja Park Chowk, Shakur Basti, Rani Bagh, Delhi-

110034 through its officer bearers viz., President (Mr.Som Nath

Puri, Mobile No.9811524440), Secretary (Mr.Manohar Lal

Taluja, Mobile No.8447419636 & 8459800699) or Office

Prabandhak (Mr.Maithali Sharma, Mobile No.9871294114).

(ii)

Complete file record of Ph.D. registration & award to

petitioner Ms.Ruchi from Commerce Department, MDU,

Rohtak (Reg. No.99-IGR-660, Commerce Department, Year:

2013) from custodian of record Assistant Registrar (R&S),

Mahrishi Dayanand University, Rohtak-124001.

(iii)

Complete record pertaining to documents submitted by

petitioner Ms.Ruchi for selection to the position of Extension

Lecturer in year 2015 and record pertaining to emoluments

paid to petitioner Ms.Ruchi as Extension Lecturer by Govt.

P.G. College for Women, Rohtak from Principal, Govt. P.G.

College for Women, Near Sonipat Stand, Opp. D.C. office,

Rohtak-124001.

However, vide impugned order, the aforesaid application was

dismissed by the Family Court, by making observations that petitioner-

husband had been filing applications after applications and had been

delaying the matter. The counter claim was filed only after tendering of the

evidence by the respondent-wife, in her examination-in-chief. Also, therein,

it was also observed that a number of months have passed by and the

petitioner-husband could easily avail certified copies of the desired

documents, which he intends to put to the respondent-wife, for her effective

cross-examination. Furthermore, it was also observed that the Court is of

VINEET GULATI

2023.05.18 10:00

I attest to the accuracy and

authenticity of this document

Chandigarh

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CR-5262-2019

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the view that petitioner-husband may apply for certified copies of the

desired documents or he may examine the desired witnesses, as his own

witnesses. Upon these observations, the aforesaid application was

dismissed.

Learned counsel for the parties heard.

At the very outset, it is pertinent to mention that case was at the

stage of recording of the cross-examination of respondent-wife, when the

application, in question, was filed. Before filing of the application for

summoning of record, an attempt was made by the petitioner-husband to

secure the record under RTI Act. A request for documents/information

under RTI Act was file