Balbir Chand vs Romi on 12 December, 2017

239 IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

FAO-M-94-2017 and CMM-188-2017
Date of Decision : 12.12.2017

Balbir Chand …….Petitioner

versus

Romi ….Respondent

CORAM : HON’BLE MR. JUSTICE M.M.S. BEDI
HON’BLE MR. JUSTICE AUGUSTINE GEORGE MASIH

Present: Appellant in person with
Mr. Ajaypal Singh Madaan, Advocate.

Mr. Sanjeev Sharma, Advocate
for the respondent.

M.M.S. BEDI, JUDGE (ORAL)

Appellant – Balbir Chand present in person in the Court has

stated in the Court that he does not want to pay the interim litigation

expenses, and his appeal may be dismissed as withdrawn.

We have considered the facts and circumstances of the case.

The present appeal has been filed against the order dated 08.02.2017

dismissing the application under Section 9 of the Hindu Marriage Act,

1955 filed by the appellant for restitution of conjugal rights. The lower

Court on issue No.1, considering the evidence on record, arrived at a

conclusion that on account of mental set up of the appellant, it was not

safe for the respondent and the minor children to stay with the appellant.

Since the appellant has failed to discharge the statutory onus

of paying interim litigation expenses of Rs.20,000/- to the respondent-

wife, his bona fide to resume cohabitation is apparently doubtful. The

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FAO-M-94-2017 (OM) -2-

application under Section 9 of the Hindu Marriage Act, 1955 appears to

be a camouflage merely to create defence in divorce petition filed by the

respondent as well as in criminal proceedings initiated by her.

The appeal is, therefore, dismissed.

The application under Section 24 for maintenance pendente

lite, filed by the respondent-wife stands disposed of as the appeal has

been finally disposed of.

(M.M.S. BEDI)
JUDGE

(AUGUSTINE GEORGE MASIH )
JUDGE

12.12.2017
Neha

Whether speaking/reasoned : Yes/No

Whether reportable : Yes/No

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