Furnish explanation on exceeding authority, Punjab and Haryana High Court tells judge

Tribune News Service

Saurabh Malik

Chandigarh, August 31

It is back to learning for a judicial officer. Directing the Registrar-General of the Punjab and Haryana High Court to seek an explanation from Moga Additional Civil Judge (senior division) Daljit Kaur for exceeding jurisdiction before passing an order, Justice Arvind Singh Sangwan has also directed her to refer to the Supreme Court and the high court judgments.

She has been asked to explain in reference to the judgments “how by exceeding jurisdiction, the said court entertained a civil suit and passed a decree in favour of a plaintiff” in a matrimonial dispute. Justice Sangwan also made it clear that the explanation would also be placed before Chandigarh Judicial Academy director within two months.

The director, in turn, would issue appropriate instructions/guidelines to all the judicial officers in Punjab, Haryana and Chandigarh after going through the order and explanation. The directions came after Justice Sangwan made it clear that a petition before his Bench demonstrated that the Civil Judge exceeded jurisdiction without referring to any case law.

The matter was placed before Justice Sangwan after the petitioner-wife sought the transfer of a civil suit pending before Moga Additional Civil Judge (senior division) to Chandigarh. Among other things, the petitioner contended that she came to know about her husband’s first marriage, following which she filed a divorce plea and lodged an FIR for cheating and other offences in Chandigarh.

She, in between, came to know that her husband, too, had filed a petition against his first wife seeking declaration that their marriage was null and void. The plea was later withdrawn by the husband. The first wife then filed a civil suit for declaration that the contents/pleadings of petition filed by the husband be declared illegal, null and void. The husband, defendant in the suit, made an admission that he was never married to her. The civil suit was allowed by the Additional Civil Judge on January 21, 2019.

Justice Sangwan asserted: “On the face of it, the suit was not maintainable and the Civil Court had no jurisdiction to declare the pleadings of an earlier petition filed under Section 13 of the Hindu Marriage Act null and void and not binding upon the rights of the plaintiff-first wife. Surprisingly, the Civil Court exceeded its jurisdiction and passed such an illegal decree.”

Allowing the plea, Justice Sangwan also took note of the petitioner’s submission that she had filed a civil suit for setting aside the decree dated January 21, 2019, as it was obtained by misrepresenting the facts and was an outcome of collusion between the husband and the first wife. The suit had to be filed in Moga where the decree was passed, but the husband was extending threats. As such, the same may be transferred to Chandigarh.

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