IN THE HIGH COURT OF PUNJAB AND HARYANA
(229) FAO-M-443-2015 with CMM-93-2017
Date of Decision: August 16, 2018.
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
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The appeal is dismissed as withdrawn without prejudice to the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.
August 16, 2018 (ANUPINDER SINGH GREWAL)
Whether speaking/reasoned: Yes/No
Whether reportable: Yes/No
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