In the High Court of Punjab and Haryana at Chandigarh

109

CRR(F)- 892 of 2022(O&M)

Date of Decision: 14.02.2023

Chhinder Kaur

---Petitioner

versus

Ranjit Singh

---Respondent

CORAM:

HON'BLE MR. JUSTICE JAGMOHAN BANSAL

Present:

Mr. L.S.Sidhu, Advocate

for the petitioner

****

JAGMOHAN BANSAL, J. (ORAL)

CRM-36381 of 2022

Allowed as prayed for.

CRR(F)-892 of 2022

The petitioner, through the instant petition, is seeking

quashing of order dated 30.08.2022 whereby Family Court has allowed

application of the respondent seeking dismissal of petition under

Section 125 Cr.P.C. filed by the present petitioner.

The respondent preferred a petition under Section 11 of the

Hindu Marriage Act seeking decree of nullity of marriage between him

and petitioner herein. The Family Court vide judgment dated

15.11.2021 passed decree of nullity of marriage. On the basis of decree

of nullity of marriage, the respondent moved an application before

Family Court seeking dismissal of petition under Section 125 Cr.P.C.

filed by the petitioner. The Family Court vide impugned order

30.08.2022 dismissed petition of the petitioner holding that marriage

stands declared null and void, thus, petitioner is not entitled to

maintenance in terms of Section 125 Cr.P.C.

PARAMJIT KAUR SAINI

2023.02.14 16:33

I attest to the accuracy and

authenticity of this order/judgment

CRR(F)- 892 of 2022(O&M)

-2-

Learned counsel for the petitioner inter alia contends that

petitioner has preferred FAO No. 636 of 2022 before this Court seeking

setting aside of decree of nullity of marriage, thus, petition under

Section 125 Cr.P.C. could not be dismissed by the Family Court.

There is no stay against decree dated 15.11.2021 whereby

marriage stands declared null and void.

On being confronted with this fact, learned counsel for the

petitioner conceded that FAO is pending before this Court but there is

no stay. Thus, as on date, decree of nullity of marriage exists and

relation of husband wife does not exist between petitioner and

respondent.

In view of these facts and circumstances, this Court finds

that Family Court has rightly dismissed petition of the petitioner under

Section 125 Cr.P.C. There is no legal or factual infirmity in the

impugned order, thus, no interference is warranted by this Court.

In view of pendency of FAO No. 636 of 2022 before this

Court, the petitioner is at liberty to move an appropriate application

before Family Court if petitioner succeeds and decree of nullity is set

aside by this Court.

Dismissed.

( JAGMOHAN BANSAL )

JUDGE

14.02.2023

paramjit

Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

PARAMJIT KAUR SAINI

2023.02.14 16:33

I attest to the accuracy and

authenticity of this order/judgment