Sangeeta v. Sachin

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO No. M-1 of 2015 (O&M) Decided on : 21.01.2015 Sangeeta . . . Appellant

Versus

Sachin Walia . . . Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MRS. JUSTICE SNEH PRASHAR PRESENT: Mr. S.K. Liberhan, Advocate for the appellant.

**** AJAY KUMAR MITTAL, J. (Oral) CM No. 90-CII of 2015 The appellant is permitted to make good the deficiency in court fee.

CM stands disposed of.

FAO No. M-1 of 2015 (O&M) The challenge in the present appeal filed under Section 28 of the Hindu Marriage Act, 1955 (for brevity 'the Act'), is to the judgment and decree dated 27th September, 2012, passed by the trial Court. 2.

According to the learned counsel for the appellant-wife, the appellant was erroneously proceeded ex-parte by the trial Court vide order dated 23rd February, 2012. It was submitted that since no application for setting aside the ex-parte judgment and decree dated 27th September, 2012 was filed by her before the trial Court, the appellant be allowed to withdraw the present appeal with liberty to file an application for setting aside the exparte judgment and decree dated 27th September, 2012, before the trial JAWALA RAM 2015.01.23 10:38 I attest to the accuracy and authenticity of this document Chandigarh

FAO No. M-1 of 2015 (O&M) - 2 - Court.

3.

In view of the prayer made by learned counsel for the appellant, the instant appeal as well as the CMM application are dismissed as withdrawn. However, it shall be open to the appellant to take recourse to the remedies available to her in accordance with law. (AJAY KUMAR MITTAL) JUDGE (SNEH PRASHAR) January 21, 2015 JUDGE J.Ram JAWALA RAM 2015.01.23 10:38 I attest to the accuracy and authenticity of this document Chandigarh