Punjab-Haryana High Court
Gurinder Singh vs Sukhjit Kaur And Anr on 20 January, 2024
Author: Anil Kshetarpal
Bench: Anil Kshetarpal
Neutral Citation No:=2024:PHHC:008171
2024:PHHC:008171
110 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CR-6302-2019 (O&M)
Date of decision: 20.01.2024
Gurinder Singh
....Petitioner
Versus
Sukhjit Kaur and another
..Respondents
CORAM: HON'BLE MR JUSTICE ANIL KSHETARPAL
Present:- Mr. A.P.Kaushal, Advocate for the petitioner
Mr. Brahmjot Singh Nahar, Advocate for the respondents
ANIL KSHETARPAL, J (Oral)
1. The present case is result of marital discord between the
parties. The petitioner herein is the husband of respondent No. 1 and
father of respondent No. 2. The executing Court has dismissed the
objection petition and ordered the recovery of maintenance by selling
his house.
2. On 4th October, 2019, the following order was passed:-
"The petitioner is present in Court today
and he has placed on record copy of his aadhar
card. He states that he ready to transfer half share
of the house which is in his name, in favour of
Ritugeet Kaur, who is minor to secure her future. An
affidavit to this effect has been filed in Court today
itself. Keeping in view that minor will have half of
the house in her name and the matter can be settled
amicably, operation of the impugned orders dated
16.09.2019 (Annexure P-1 and P-2) is stayed.
Notice of motion for 04.12.2019."
3. The petitioner has filed an affidavit to this effect in the
Court. Learned counsel representing the petitioner submits that the
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petitioner is still ready to handover ownership as well as possession of
half share of his residential house to his daughter namely Ms. Ritugeet
Kaur- respondent No. 2.
4. The respondent No. 1 along with her learned counsel is
present in the Court. She accepts the aforesaid offer.
5. Keeping in view the aforesaid facts of the case, Ritugeet
Kaur daughter of Sh.Gurinder Singh is declared to have become owner
of half share of the house. The Executing Court is directed to appoint a
Local Commissioner to divide the house into two equal shares and hand
over the possession of the same to Ritugeet Kaur, within a period of one
month starting from today. It is made clear that if the petitioner creates
any obstruction, the executing court will take the help of the police.
After receipt of the report from the Local Commissioner, the Executing
Court shall pass a final decree of partition of the property by metes and
bounds, in order to resolve the controversy once for all.
6. At this stage, the learned counsel representing the
petitioner submits that the respondent shall be asked by the Court to
withdraw all the litigations pending against him. This Court has tried to
impress upon the respondent, however, she submits that she is an
uneducated lady and she has no source of income. It is evident that in
the order dated 4th October, 2019, the petitioner unequivocally stated
that he is prepared to transfer half share of his residential house to his
daughter i.e respondent No.2. The petitioner is bound by his statement.
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He cannot subsequently put additional conditions to the statement that
was unconditional at the time of making it.
7. This Court has heard the arguments of the learned counsel
representing the parties at length. The petitioner claims exemption from
attachment and sale of his only residential house under section 60 (1)
(ccc) as amended by the States of Punjab, Haryana and UT, Chandigarh.
The aforesaid exemption is with respect to the only residential house in
possession of the judgment debtor. It is evident that before the
Executing Court, the respondent submitted that the petitioner is owner
of yet another house in Chandigarh. On 6th September, 2019, the
petitioner was directed to produce a copy of his Aadhar Card and other
residential proof on the next date of hearing. However, on the next date
of hearing, rather than producing the aforesaid documents, he submitted
that the said documents have been lost. The respondent produced the
petitioner's Aadhar card to show that his residential address is
H.No.1772, Phase V, SAS Nagar, Mohali. Furthermore, when the
summons was sent to the petitioner as at his residential house located in
Khanna, the report came that the petitioner is not residing there. Thus, it
is evident that the house at Khanna is not the only residential house of
the petitioner. Moreover, the decree to pay arrears of maintenance in
favour of respondents creates a charge on the property of the judgment
debtor of the petitioner. Hence, Section 60(1)(ccc) is not applicable to
the facts of the present case. Consequently, the revision petition is
dismissed. However, in view of the dismissal of the revision petition,
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the preceding order with regard to passing of the decree in favour of
respondent no.2 shall remain unaffected.
8. All the pending miscellaneous applications, if any, are also
disposed of.
20.01.2024 (ANIL KSHETARPAL)
rekha JUDGE
Whether speaking/reasoned : Yes/No
Whether reportable : Yes/No
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