Jagtar Singh and Others vs Nazar Singh and Another

Kanwaljit Singh Ahluwalia, J.—Counsel for the petitioner, after arguing for some time, submits that he be permitted to withdraw the present petition with liberty to raise all arguments, available to him under law, before the trial Court at appropriate stage. Learned Counsel further submits that since petitioner Nos.1 and 2 are elder brothers of husband of the estranged wife, Kirpal Kaur, at whose instance, criminal complaint under Sections 406, 498A IPC has been instituted. Counsel further submits that taking into consideration the relationship of the petitioners, their personal appearance, before the trial Court, be exempted.

In this matrimonial dispute, where husband and wife are residing abroad, personal appearance of the elder brothers of the husband of the estranged wife is exempted, subject to their filing an undertaking that they shall cause their appearance as and when required by the trial Court.

They shall also file an undertaking that the evidence, if any, recorded in their absence but in the presence of their Counsel, shall be binding upon them. The trial Court may incorporate any other conditions in the undertaking to be submitted by the accused.