Mamta Rani v. Surjit Kumar

IN THE HIGH COURT OF PUNJAB AND HARYANA

AT CHANDIGARH FAO No. M-435 of 2016 (O&M) Decided on : 30.05.2017 Mamta Rani . . . Appellant

Versus

Surjit Kumar . . . Respondent CORAM: HON'BLE MR. JUSTICE AJAY KUMAR MITTAL HON'BLE MR. JUSTICE HARINDER SINGH SIDHU PRESENT: Mr. Aseem Kataria, Advocate for the appellant-wife.

Ms. Sonal, Advocate for the respondent-husband.

**** AJAY KUMAR MITTAL, J. (Oral) In this appeal filed under Section 28 of the Hindu Marriage Act, 1955 (in short 'the Act'), challenge is to the impugned judgment dated 01.12.2015, whereby, petitioner No.2 (herein respondent-husband) had withdrawn the petition filed under Section 13B of the Act, in view of statements recorded separately. Now, the aforesaid order has been impugned before this Court in the present appeal. 2.

It was stated that there is possibility of amicable settlement between the parties. It is, however, observed that in case there is any settlement, then there is no embargo on the parties to file a fresh petition under Section 13B of the Act or to settle the dispute amicably.

3.

In view thereof, there is no merit in the present appeal and is hereby dismissed accordingly.

4.

In view of dismissal of the appeal, no orders are required to be passed on the application under Section 5 of the Limitation Act, 1963, as the same is left open.

(AJAY KUMAR MITTAL) JUDGE (HARINDER SINGH SIDHU) May 30, 2017 JUDGE J.Ram Whether speaking/reasoned:

Yes/No Whether Reportable:

Yes/No Jawala Ram 2017.06.05 13:20 I attest to the accuracy and authenticity of this document Chandigarh