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Fao No.M-52 of 2003 Vs. Unknown

Fao No.M-52 of 2003 vs Unknown

Type Court Judgment Court Punjab and Haryana Decided Jan 16, 2014
~3 min read
https://sooperkanoon.com/case/1121259

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Citation
Court
Punjab and Haryana High Court
Decided On
Subject
Family

Case Summary

AI-generated summary - not the official court judgment text.

Family

Key legal issue
Family

Parties & Advocates

Appellant / Petitioner

Fao No.M-52 of 2003

Respondent

Unknown

Excerpt

.....01.07.1957. appellant filed the petition seeking dissolution of the marriage between the parties by a decree of divorce which was dismissed. aggrieved against the same, he filed the present appeal. notice of motion was issued by this court on 24.02.2003. thereafter, the appeal was admitted on 16.01.2004. the respondent-wife then filed cm no.4-m of 2004 for grant of maintenance pendente lite and order dated 17.01.2006 was passed fixing the maintenance payable by the appellant to the respondent for an amount of rs.2500/- per month. on the last date of hearing, learned counsel for the appellant made a request to withdraw the appeal. however, learned counsel anil kumar 2014.01.22 16:11 for the respondent objected to the same on the ground that the appellant had i attest to the accuracy and integrity of this document fao no.m-52 of 2003 2 not paid maintenance which was due and payable and worked out to rs.2,10,000/-. the learned counsel for the appellant prayed for time to pay the maintenance amount. a cheque no.000047 dated 13.01.2014 in favour of the respondent maya dhani, drawn on bank of india, sangam vihar, new delhi has been tendered in court today by learned counsel for the appellant and it is submitted by him that the cheque would be honoured and enchashed on its presentation. it is also prayed that the appeal may be dismissed as withdrawn. ms.anju arora, advocate, for the respondent, has accepted the said cheque on behalf of the respondent without prejudice to the rights of the respondent-maya dhani. after giving our thoughtful consideration to the matter, we find no reason not to allow the appeal to be dismissed as withdrawn. accordingly, the appeal is dismissed as withdrawn. (s.s.saron) judge1601.2014 (navita singh) anil judge anil kumar 2014.01.22 16:11 i attest to the accuracy and integrity of this document

Full Judgment

FAO No.M-52 of 2003 1 IN THE HIGH COURT FOR THE STATES OF PUNJAB AND HARYANA, CHANDIGARH FAO No.M-52 of 2003 Date of Decision:-16.01.2014 Sukh Lal Dhani ……….appellant versus Smt.Bhateri Devi alias Maya Dhani ……….respondent Present:- Mr.Lokesh Sinhal, Advocate, for the appellant.

Ms.Anju Arora, Advocate, for the respondent.

…….Sukh Lal Dhani-appellant has filed this appeal against the judgment and decree dated 22.01.2003, passed by the learned Additional District Judge, Faridabad, whereby, his petition seeking dissolution of the marriage between the parties by a decree of divorce has been dismissed.

The marriage between the parties was solemnized according to Hindu rites and ceremonies at Village Aun, District Bhiwani on 01.07.1957.

Appellant filed the petition seeking dissolution of the marriage between the parties by a decree of divorce which was dismissed.

Aggrieved against the same, he filed the present appeal.

Notice of motion was issued by this Court on 24.02.2003.

Thereafter, the appeal was admitted on 16.01.2004.

The respondent-wife then filed CM No.4-M of 2004 for grant of maintenance pendente lite and order dated 17.01.2006 was passed fixing the maintenance payable by the appellant to the respondent for an amount of Rs.2500/- per month.

On the last date of hearing, learned counsel for the appellant made a request to withdraw the appeal.

However, learned counsel Anil Kumar 2014.01.22 16:11 for the respondent objected to the same on the ground that the appellant had I attest to the accuracy and integrity of this document FAO No.M-52 of 2003 2 not paid maintenance which was due and payable and worked out to Rs.2,10,000/-.

The learned counsel for the appellant prayed for time to pay the maintenance amount.

A cheque No.000047 dated 13.01.2014 in favour of the respondent Maya Dhani, drawn on Bank of India, Sangam Vihar, New Delhi has been tendered in Court today by learned counsel for the appellant and It is submitted by him that the cheque would be honoured and enchashed on its presentation.

It is also prayed that the appeal may be dismissed as withdrawn.

Ms.Anju Arora, Advocate, for the respondent, has accepted the said cheque on behalf of the respondent without prejudice to the rights of the respondent-Maya Dhani.

After giving our thoughtful consideration to the matter, we find no reason not to allow the appeal to be dismissed as withdrawn.

Accordingly, the appeal is dismissed as withdrawn.

(S.S.SARON) JUDGE1601.2014 (NAVITA SINGH) anil JUDGE Anil Kumar 2014.01.22 16:11 I attest to the accuracy and integrity of this document

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