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Harminder Singh vs Ajayta Singh on 3 October, 2018

CM No.16689-CII of 2017 in/and
CR No.6847 of 2014 1

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

CM No.16689-CII of 2017 in/and
CR No.6847 of 2014

Date of Decision: 03.10.2018

Harminder Singh ……Petitioner

Versus
Ajayta Singh …..Respondent

CORAM: HON’BLE MR. JUSTICE RAJ MOHAN SINGH

Present:Mr. Karan Bhardwaj, Advocate
for the applicant/petitioner.

Mr. Diwan Sharma, Advocate
for the non-applicant/respondent.

****

RAJ MOHAN SINGH, J.

[1]. Notice of motion was issued on 07.10.2014. Thereafter,

the case was dismissed for non-prosecution on 08.04.2016,

however the same was restored vide order dated 27.04.2016.

On the adjourned date i.e. 28.07.2016, following order was

passed:-

“Both the parties are husband and wife and are
loggerheads.

The present revision petition is arising out of
interim order passed under Section 24 of Hindu

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CM No.16689-CII of 2017 in/and
CR No.6847 of 2014 2

Marriage Act awarding maintenance pendente lite. Let
an effort be made to settle the matter amicably
between the parties.

Let the matter be sent to Mediation and
Conciliation Centre of this Court for 10.08.2016.

Parties are directed to appear before
Mediation and Conciliation Centre of this Court on
10.08.2016.

In the interest of justice, case is adjourned to
27.09.2016 to await the report of Mediator.

Mr. Karan Bhardwaj, Advocate submits that if
there is any arrear due as per the order granted by this
Court, he shall clear the same before the next date of
hearing.

A photocopy of this order be placed on the file
of other connected case.”

[2]. The words appearing in the concluding part of the order

“this Court” were sought to be modified in CM No.15611-CII of

2016 filed by the respondent which was decided on 10.08.2016.

Order dated 10.08.2016 was to the following effect:-

“Prayer in the application is for
modification/clarification of the order dated 28.07.2016,
whereby, due to inadvertence, instead of words ‘the
Court below, the words ‘this Court’ have been
mentioned.

In view of the aforesaid, the application is
allowed and order dated 28.07.2016 is modified to the
aforesaid extent which reads thus:-

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CM No.16689-CII of 2017 in/and
CR No.6847 of 2014 3

Both the parties are husband and wife and are
loggerheads.

The present revision petition is arising out of
interim order passed under Section 24 of Hindu
Marriage Act awarding maintenance pendente
lite. Let an effort be made to settle the matter
amicably between the parties.

Let the matter be sent to Mediation and
Conciliation Centre of this Court for 10.08.2016.
Parties are directed to appear before Mediation
and Conciliation Centre of this Court on
10.08.2016.

In the interest of justice, case is adjourned to
27.09.2016 to await the report of Mediator.
Mr. Karan Bhardwaj, Advocate submits that if
there is any arrear due as per the order granted
by the Court below, he shall clear the same
before the next date of hearing.

A photocopy of this order be placed on the file
of other connected case.”

[3]. On the basis of aforesaid two orders, when the matter

was listed before this Court on 17.07.2017, following order was

passed:-

“Vide order dated 28.07.2016/10.08.2016, learned
counsel for the petitioner submitted that the petitioner shall
clear arrears of maintenance granted by the Court below
before the next date of hearing. Thereafter the matter was
tried before the Mediation and Conciliation Centre of this
Court, but the parties could not resolve the same.

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CM No.16689-CII of 2017 in/and
CR No.6847 of 2014 4

Learned counsel for the respondent submitted
that nothing has been paid till date in compliance to the
order dated 28.07.2016/10.08.2016.

Learned counsel appearing on behalf of the
petitioner prays for last opportunity to do the needful within
a week.

List on 27.07.2017.

In the event of non-compliance of the order
dated28.07.2016/10.08.2016, this petition shall be
dismissed for non-prosecution without making any further
reference to this Court.”

[4]. Order dated 10.08.2016 was sought to be modified by

the applicant/petitioner and Co-ordinate Bench while passing

the order dated 02.08.2018 modified the para No.6 of the order

dated 10.08.2016 and directed the petitioner to clear the arrear,

if due, as per order granted by the Court below before the next

date of hearing. Thereafter, the matter was listed for

16.08.2018, but the arrears as per order passed by the Court

below have not been cleared so far.

[5]. Now the present application has been filed, seeking

modification of the order dated 17.07.2017 passed by this Court.

[6]. It appears from the record that the petitioner is playing

hide and seek with the Court.

[7]. In view of aforesaid orders on record, I find no

justification in entertaining the present application. The present

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CM No.16689-CII of 2017 in/and
CR No.6847 of 2014 5

application is accordingly dismissed.

[8]. Since as per order dated 17.07.2017 passed by this

Court, civil revision has to be dismissed for non-prosecution

without making any further reference to the Court, therefore, the

civil revision also stands dismissed.

October 03, 2018 (RAJ MOHAN SINGH)
Prince JUDGE

Whether reasoned/speaking Yes/No
Whether reportable Yes/No

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