Criminal Revision No.3206 of 2010 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH Criminal Revision No.3206 of 2010 Date of decision: 17.10.2011 Smt. Kavita @ Kiwa .....Petitioner VERSUS Krishan Ram ....Respondent CORAM:- HON'BLE MR.JUSTICE RANJIT SINGH PRESENT: Mr. YP Singh, Advocate for the petitioner. None for the respondent. **** RANJIT SINGH, J. While dealing with this revision, the Court had passed the following order on 5.9.2011:- “Both the parties are agreed that the ex parte decree of divorce passed by the Court on the application filed by Krishan Ram-respondent, has been set aside and thereafter, the application which was contested by the petitioner under Section 13 of the Hindu Marriage Act, has been dismissed. The appeal against the said judgment is pending before this Court. It is also not in dispute that the application under Section 12 of the Protection of Women From Domestic Violence Act, 2005, was declined by the trial Court on 16.12.2008, primarily on the grounds that the petitioner had already received the maintenance in an application under Section 125 of the Cr.P.C. and decree of divorce was granted against the petitioner. Similarly, the appeal preferred by the petitioner also met the same fate on 15.7.2009. Learned counsel for the petitioner has submitted that since the said ex parte decree of Criminal Revision No.3206 of 2010 -2- divorce has already been set aside and the application was decided on merits, which resulted into dismissal of the application, therefore, the case deserved to be remitted back for deciding the same afresh. Learned counsel for the respondent still wants to argue that even in the absence of the decree of divorce, the petitioner was not entitled to any relief under Section 12 of the Protection of Women From Domestic Violence Act, 2005. Adjourned to 26.9.2011.” As can be seen, counsel for the respondent at that stage wanted to argue on the ground that the petitioner would not be entitled to any relief under Section 12 of the Protection of Women From Domestic Violence Act, 2005, in the absence of decree of divorce. Thereafter, he had not put in appearance. The case has been kept today also waiting for his presence. None has appeared. In view of above, it appears that the counsel for the respondent is no more interested in pursuing the line of submissions made before the Court on 5.9.2011. Accordingly, the matter is remitted back to the trial Court to decide the case on merits in view of the changed circumstances whereby the decree of divorce has already been set aside. The revision petition is, accordingly, disposed of. October 17, 2011 ( RANJIT SINGH ) monika JUDGE