Kiran Bala vs Rajesh Chahar
2022 Latest Caselaw 17573 P&H

                            213
                                    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                                                   CHANDIGARH

                                                                          CR-7845-2019 (O&M)
                                                                          Date of decision : 22.12.2022


                            Kiran Bala                                                     ... Petitioner(s)
                                                               Versus
                            Rajesh Chahar                                                ... Respondent(s)

                            CORAM : HON'BLE MRS. JUSTICE ALKA SARIN

                            Present :    Mr. Ajit Sihag, Advocate with
                                         Ms. Kiran Bala, petitioner in person.

                                         Mr. Narender Kaajla, Advocate for the respondent.


                            ALKA SARIN, J. (ORAL)

Pursuant to the order dated 07.12.2022, the petitioner-wife has

appeared in person and states that she is not being pressurized by her family

to file the divorce petition. However, the respondent-husband is not present

in Court. The present revision petition is being heard on merits.

The present revision petition under Article 227 of the

Constitution of India has been filed challenging the order dated 20.09.2019

(Annexure P-1) whereby the application filed by the petitioner-wife for grant

of maintenance pendente lite during the pendency of the divorce petition

under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955 (hereinafter

referred to as the 'HMA Act') has been dismissed.

Learned counsel for the petitioner-wife would contend that the

Family Court by way of the impugned order has virtually decided the

divorce petition inasmuch as it has been held that since WhatsApp messages

were being sent by the petitioner-wife to the respondent-husband after the YOGESH SHARMA 2022.12.23 10:14 I attest to the accuracy and filing of the divorce petition and it was apparent that she had not filed the integrity of this order/judgment.

Chandigarh
                             CR-7845-2019 (O&M)                                                      -2-

divorce petition on her free will and hence the application being devoid of

any merit was dismissed. Learned counsel for the petitioner-wife would

further contend that the merits of the case have not even been touched upon

and yet virtually the divorce petition filed under Section 13(1)(ia)(ib) of the

HMA Act has been dimissed.

Per contra, learned counsel for the respondent-husband states

that the impugned order has rightly been passed inasmuch as it has come on

the record that WhatsApp messages were being sent by the petitioner-wife to

the respondent-husband after the filing of the divorce petition.

Heard.

In the present case the Family Court by way of the impugned

order has virtually adjudicated upon the divorce petition itself. The

application under Section 24 of the HMA Act has not even been adjudicated

upon. The impugned order being totally unsustainable in law is set aside and

the matter is remanded back to the Family Court to decide the application

under Section 24 of the HMA Act afresh, on merits, in accordance with law.

Disposed off accordingly. Pending applications, if any, also

stand disposed off.

                                                                          ( ALKA SARIN )
                            22.12.2022                                         JUDGE
                            Yogesh Sharma

NOTE: Whether speaking/non-speaking: Speaking Whether reportable: YES/NO

YOGESH SHARMA 2022.12.23 10:14 I attest to the accuracy and integrity of this order/judgment.

Chandigarh