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Jagdish Kumar vs Neetu on 24 January, 2019

FAO No.M-2-2012 (O M) -1-

IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
*****
252
FAO No.M-2-2012 (O M)
Date of Decision: 24.01.2019

Jagdish Kumar
. . . . .Appellant

Vs.

Neetu
. . . . . Respondent

CORAM: HON’BLE MR.JUSTICE RAKESH KUMAR JAIN
HON’BLE MR.JUSTICE ANUPINDER SINGH GREWAL

Present: – Mr. Veneet Sharma, Advocate
for the appellant.

Mr.V.K. Sandhir, Advocate
for the respondent.
*****

RAKESH KUMAR JAIN, J. (ORAL)

This appeal has arisen from the judgment and decree dated

28.07.2011 passed by the learned Additional District Judge, Amritsar by which

the petition filed under Section 13 of the Hindu Marriage Act, 1955 (‘Act’ – for

short) by the appellant-husband for seeking dissolution of marriage on the

ground of cruelty has been dismissed.

This appeal was admitted on 24.09.2015.

The appellant has filed CM No.307-CII-2019 seeking permission

for withdrawal of the main appeal.

After notice in the application, counsel for the non-

applicant/respondent has put in appearance and has submitted that the appellant

is in arrears of maintenance pendente lite. According to him, the appellant has

to pay the amount of `2,20,000/- and has submitted that until and unless the
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FAO No.M-2-2012 (O M) -2-

said amount is paid, he may not be allowed to withdraw the appeal.

Learned counsel for the appellant has, however, submitted that the

appellant is withdrawing the appeal without any condition and he does not

want to pursue the same. He further submits that in case any amount is

allegedly due, the same may be recovered by the respondent in accordance

with law.

We have heard learned counsel for the parties and are of the

considered opinion that the appellant has a right to withdraw the appeal and the

respondent has a right to recover the amount of maintenance pendente lite in

accordance with law.

Accordingly, the application (CM-307-CII-2019) is allowed and

the appeal which stands admitted is ordered to be dismissed as withdrawn but

liberty at the same time is given to the respondent to recover the amount of

maintenance pendente lite in accordance with law.

(RAKESH KUMAR JAIN)
JUDGE

(ANUPINDER SINGH GREWAL)
24.01.2019 JUDGE
A.Kaundal

Whether speaking /reasoned : Yes/No

Whether Reportable : Yes/No

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