Manu Nair v. Annpurna Dhar Nair

$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAT.APP.(F.C.) 261/2019 & CM APPL. 44736-44737/2019 MANU NAIR ..... Appellant Through Mr. Prosenjeet Banerjee, Ms. Sureya Singhal, Ms. Prachi Dutta, Advocates.

versus ANNPURNA DHAR NAIR ..... Respondent Through None.

CORAM:

HON'BLE MS. JUSTICE HIMA KOHLI HON'BLE MS. JUSTICE ASHA MENON

O R D E R

% 11.10.2019 1.

The appellant/husband is aggrieved by an order dated 30.08.2019, passed by the Family Court dismissing an application moved by him under Order XII Rule 6, read with Order VII Rule 11 CPC and Section 151 CPC for seeking rejection of a petition for restitution of conjugal rights filed by the respondent/wife.

2.

After addressing arguments for some time, Mr. Banerjee, learned counsel for the appellant/husband seeks leave to withdraw the present appeal while reserving the right of his client as may be available to him in law and on facts, to oppose the petition for restitution of conjugal rights filed by the respondent/wife. He also seeks to reserve his rights to file appropriate proceedings for clubbing of the petition filed by the respondent/wife before the Family Court, South East, Saket, New Delhi under Section 9 of the MAT.APP.(F.C.) 261/2019

HMA with the petition filed by the appellant/husband under Section 13(1)(ia) of the HMA pending before the Family Court, Patiala House Court, New Delhi.

3.

Leave as prayed for is granted. The present appeal is disposed of as not pressed alongwith the pending applications. HIMA KOHLI, J ASHA MENON, J OCTOBER 11, 2019/MK MAT.APP.(F.C.) 261/2019