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Jagat Singh vs Kiran Devi on 26 March, 2019

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

222 FAO-M-216-2017 (OM)
Date of Decision : 26.03.2019

Jagat Singh
… Appellant

Versus
Kiran Devi

…Respondent

CORAM:HON’BLE MR. JUSTICE RAKESH KUMAR JAIN
HON’BLE MR. JUSTICE HARNARESH SINGH GILL

Present: Mr. Nagar Singh, Advocate for
Mr. A.S.Virk, Advocate for the appellant.

Mr. Rishabh Lohan, Advocate for the respondent.

RAKESH KUMAR JAIN, J.(ORAL)

This appeal has arisen from the judgment and decree dated

13.07.2017 by which petition filed under Section 13 of the Hindu Marriage

Act, 1955 (for short ‘the Act’) by the appellant-husband for seeking

dissolution of his marriage with the respondent, by way of decree of

divorce, on the ground of cruelty was dismissed.

At the time of issuance of notice, this court had directed the

appellant-husband to pay a sum of `25,000/- by way of bank draft to the

respondent, towards interim litigation expenses. Thereafter, the respondent

had filed CMM No.5 of 2018 under Section 24 of the Act for seeking

maintenance pendente lite and litigation expenses in which, notice was

issued and time was taken by the appellant-husband for filing reply. Case

thereafter adjourned for many times on the request of the appellant-husband

to file reply to the application filed under Section 24 of the Act as well as to

pay the interim litigation expenses.

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14-04-2019 13:44:07 :::
FAO-M-216-2017 (OM) -2-

Today, learned counsel for the appellant has submitted that

appellant is not coming forward either to make the payment of `25,000/-

towards interim litigation expenses as directed by this court way back on

12.09.2017 or to even file reply to the application filed under Section 24 of

the Act.

In view thereof, it appears that appellant is not interested in

pursuing the present appeal. Thus, defence of the appellant is hereby struck

off and as a consequence thereof, appeal is hereby dismissed.

( RAKESH KUMAR JAIN )
JUDGE

( HARNARESH SINGH GILL )
26.03.2019 JUDGE
pooja saini

Whether speaking/reasoned? Yes/No
Whether reportable? Yes/No

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14-04-2019 13:44:07 :::

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