KAPIL SINGH v. RAJNI
Court: High Court of Punjab and Haryana
Bench: MR. JUSTICE PARMOD GOYAL
Judgment date:
Case summary
High Court of Punjab and Haryana judgment dated 2025-09-25. KAPIL SINGH v. RAJNI. Read the judgment and case details on LawSphereX.
Judgment text
-1- IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH CR-6867-2025 (O&M) Date of decision:25. 09. 2025 Kapil Singh ... Petitioner versus Rajni ... Respondent CORAM: HON'BLE MR. JUSTICE PARMOD GOYAL Present: Mr. Ajit Sihag, Advocate for petitioner. *** PARMOD GOYAL, J. (ORAL) 1. Petitioner-husband is aggrieved by impugned order dated 31. 05. 2025 (Annexure P/4), whereby opportunity to file written statement and reply to application under Section 24 of Hindu Marriage Act, 1955 was closed under Section 35B of Civil Procedure Code, 1908. 2. Vide impugned order dated 31. 05. 2025 (Annexure P/4), the Family Court had noted that despite last opportunity and directions to pay cost neither written statement was filed nor cost was paid. Learned counsel for petitioner has argued that written statement was ready but could not be filed as Bar had suspended work vide Resolution dated 16. 05. 2015 (Annexure P/2). 3. In the present case, now the matter is fixed for 10. 11.
2025 for evidence of respondent-wife. Since, no evidence has been led and matter is yet pending for decision of application under Section 24 of Hindu Marriage Act, 1955, it would be in the interest of justice to grant one opportunity to petitioner-husband to file his written statement/reply to application under section 24 of Hindu Marriage Act, 1955, subject to cost CR-6867-2025 (O&M) -2-of Rs. 25,000/-. Exemplary cost is being imposed in view of the fact that even prior conditional cost was not paid on the last date, when the case was fixed and also for the reason that immediately on passing order dated 31. 05. 2025, petitioner had not approached the Court but waited and now has approached the Court after passing of more than 3 1/2 months. The conduct goes to show that the only purpose for not filing written statement and reply to application under Section 24 of Hindu Marriage Act, 1955, is to delay the decision on application under Section 24 of Hindu Marriage Act, 1955. 4.
The conduct of petitioner clearly shows that exemplary cost is required in present case. Therefore, it is directed that on payment of cost of Rs. 25,000/- on or before next day, petitioner shall file his written statement/reply as well as comply with order dated 31. 05. 2025. Petitioner is also directed to file his affidavit regarding income, assets and expenditure along with bank account statements, ITRs and salary slip as ordered on 10. 11. 2025. 5. No further date shall be granted to petitioner, either for filing written statement or filing affidavit. In case written statement, reply and affidavit are not filed, learned Family Court can proceed in accordance with law. 6. Present Civil Revision is disposed of. (PARMOD GOYAL) JUDGE 25. 09. 2025 Sunil Chander Whether speaking/reasoned : Yes/No Whether reportable : Yes/No
Source: Supreme Court eSCR. Dataset: Dattam Labs, CC BY 4.0. Text extracted automatically; compare with the source PDF for layout and accuracy.