Sukhwinder Singh v. Sukhdeep Kaur

FAO-4380-2024 -1IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO-4380-2024 (O&M) Date of decision: 17.03.2025 SUKHWINDER SINGH ......Appellant

Versus

SUKHDEEP KAUR .....Respondent CORAM: HON'BLE MR. JUSTICE SUDHIR SINGH HON'BLE MRS. JUSTICE SUKHVINDER KAUR Present:- Mr. K.S. Lakhanpal, Advocate for the appellant. SUDHIR SINGH, J.

CM-16088-CII-2024 For the reasons given in the application, the same is allowed. Delay of 377 days in filing the appeal is condoned, subject to all just exceptions.

FAO-4380-2024 Challenge in the present appeal is to the judgment and decree dated 19.07.2023 passed by learned Principal Judge, Family Court, SBS Nagar (for short the 'Family Court'), whereby, the petition under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act') filed by the respondent-wife, was allowed ex parte and the marriage between the parties was dissolved by a decree of divorce. HIMANSHU 2025.03.19 11:07 I attest to the accuracy and authenticity of this order/judgment.

FAO-4380-2024 -22.

At the very outset, this Court has put a query to the learned counsel for the appellant-husband, whether the appellant has moved any application for setting aside the ex parte proceedings/ ex parte judgment and decree before the learned Family Court. However, the answer is in negative.

3.

Faced with such a situation, learned counsel for the appellant seeks withdrawal of the present appeal with liberty to move the learned Family Court by filing an application under Order 9 Rule 13 CPC.

4.

In view of the above, without commenting on the merits of the case, the present appeal is dismissed as withdrawn with liberty aforesaid.

[ SUDHIR SINGH ] JUDGE [ SUKHVINDER KAUR] JUDGE 17.03.2025 himanshu Whether speaking/reasoned Yes/No Whether reportable Yes/No HIMANSHU 2025.03.19 11:07 I attest to the accuracy and authenticity of this order/judgment.