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Sukhwinder Singh vs Rupinder Saini on 16 August, 2018

IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH

(229) FAO-M-443-2015 with CMM-93-2017
Date of Decision: August 16, 2018.

Sukhwinder Singh
…. Appellant
Versus

Rupinder Saini
….. Respondent

CORAM: HON’BLE MR. JUSTICE M.M.S. BEDI
HON’BLE MR. JUSTICE ANUPINDER SINGH GREWAL

Present: Mr. Bhanu Partap Singh, Advocate, for the appellant.

Mr. Vishal Sharma, Advocate, for the respondent.

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

Aggrieved by the dismissal of his petition for divorce, the

appellant-husband has preferred the present appeal.

During pendency of the appeal, the respondent-wife has filed

an application under Section 24 of the Hindu Marriage Act.

When application under Section 24 of the Hindu Marriage Act

was taken up for hearing, counsel for the appellant-husband submits that he

has got instructions to withdraw the appeal as the appellant-husband does

not want to proceed further with the appeal.

Counsel for the respondent-wife submits that the withdrawal of

the appeal is an evasive device to avoid the payment of maintenance

pendente lite.

Without expression of any opinion regarding the intention of

the appellant-husband, we find that request of the appellant-husband for

withdrawal of the appeal cannot be denied.

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FAO-M-443-2015 with CMM-93-2017 -2-

The appeal is dismissed as withdrawn without prejudice to the

legal rights of the respondent-wife to claim any legal right of maintenance

bestowed on her by any Statute.

Application under Section 24 of the Hindu Marriage Act i.e.

CMM-93-2017 is disposed of having rendered infructuous.

(M.M.S. BEDI)
JUDGE

August 16, 2018 (ANUPINDER SINGH GREWAL)
harsha JUDGE

Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No

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21-08-2018 17:03:46 :::

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