Fao No. 146-m of 2001 Vs. Fao No. 146-m of 2001

Fao No. 146-m of 2001 vs Fao No. 146-m of 2001

Type Court Judgment Court Punjab and Haryana Decided Feb 20, 2014

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https://sooperkanoon.com/case/1128741

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Citation: sooperkanoon.com/1128741
Court: Punjab and Haryana High Court
Decided On: Feb 20, 2014
Subject: Family

Case Summary

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

Family

Key legal issue: Family

Parties & Advocates

Appellant / Petitioner

Fao No. 146-m of 2001

Respondent

Fao No. 146-m of 2001

Excerpt

.....appellant also visited jalandhar and stayed with him w.e.f. 05.12.1992 to 30.07.1993. according to the respondent-husband, the stay of the appellant was irregular. therefore, on 28.08.1999, he filed a petition under section 9 of the hindu marriage act, 1955 ('act' for short) seeking restitution of conjugal rights. the petition of the respondent-husband was accepted and a decree for restitution of conjugal rights was passed in his favour and against the appellant by the learned additional civil judge (senior division), jalandhar, on 19.03.2001. aggrieved against the same, the appellant filed the present appeal.3. learned counsel for the appellant submits that the respondent- malik ramesh 2014.02.24 12:24 i attest to the accuracy and integrity of this document high court chandigarh (318/1) fao no.146-m of 2001 -2- husband, after passing of the decree for restitution of conjugal rights in his favour on 19.03.2001, filed a petition for divorce on 23.04.2001 in terms of section 13 of the act alleging that the appellant-wife had withdrawn herself from his society without any reasonable cause; besides, she had treated him with cruelty. the petition of the respondent-husband was allowed by the learned district judge, ferozepur, by his judgment and decree dated 08.03.2004, to the extent that a decree of judicial separation was passed making it no longer obligatory for the respondent to cohabit with the appellant. aggrieved against the said decree of judicial separation passed by the learned district judge, ferozepur, on 08.03.2004, it is submitted that appellant-wife has filed fao no.231-m of 2004, which is listed for hearing today.4. in view of the decree for judicial separation between the parties having been passed, learned counsel for the appellant submits that she does not press the present appeal whereby a decree for restitution of conjugal rights has been passed between the parties and it is prayed that she may be allowed to withdraw the appeal. learned counsel for.....

Full Judgment

(318/1) FAO No.146-M of 2001 -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIARH FAO No.146-M of 2001 Date of decision:

20. 02.2014 Smt. Monika Dawar ……Appellant. Versus Vinod Kumar Dawar …..Respondent. CORAM: HON’BLE MR. JUSTICE S.S. SARON HON’BLE MS. JUSTICE NAVITA SINGH Present: Ms. Anjali Kukar, Advocate, for the appellant. Mr. Bikramjit Arora, Advocate, for the respondent with respondent in person. S.S. SARON, J.

1. The paper book submitted by the learned counsel for the respondent is taken on record.

2. The marriage between the parties was solemnized according to Hindu rites and ceremonies at Ferozepur on 05.12.1992. The appellant- wife was serving as a Clerk in the Public Health Department. The respondent-husband visited Abohar during holidays. The appellant also visited Jalandhar and stayed with him w.e.f. 05.12.1992 to 30.07.1993. According to the respondent-husband, the stay of the appellant was irregular. Therefore, on 28.08.1999, he filed a petition under Section 9 of the Hindu Marriage Act, 1955 ('Act' for short) seeking restitution of conjugal rights. The petition of the respondent-husband was accepted and a decree for restitution of conjugal rights was passed in his favour and against the appellant by the learned Additional Civil Judge (Senior Division), Jalandhar, on 19.03.2001. Aggrieved against the same, the appellant filed the present appeal.

3. Learned counsel for the appellant submits that the respondent- Malik Ramesh 2014.02.24 12:24 I attest to the accuracy and integrity of this document High Court Chandigarh (318/1) FAO No.146-M of 2001 -2- husband, after passing of the decree for restitution of conjugal rights in his favour on 19.03.2001, filed a petition for divorce on 23.04.2001 in terms of Section 13 of the Act alleging that the appellant-wife had withdrawn herself from his society without any reasonable cause; besides, she had treated him with cruelty. The petition of the respondent-husband was allowed by the learned District Judge, Ferozepur, by his judgment and decree dated 08.03.2004, to the extent that a decree of judicial separation was passed making it no longer obligatory for the respondent to cohabit with the appellant. Aggrieved against the said decree of judicial separation passed by the learned District Judge, Ferozepur, on 08.03.2004, it is submitted that appellant-wife has filed FAO No.231-M of 2004, which is listed for hearing today.

4. In view of the decree for judicial separation between the parties having been passed, learned counsel for the appellant submits that she does not press the present appeal whereby a decree for restitution of conjugal rights has been passed between the parties and it is prayed that she may be allowed to withdraw the appeal. Learned counsel for the respondent-husband has no objection to the same.

5. Accordingly, the appeal is dismissed as withdrawn. (S.S. SARON) JUDGE (NAVITA SINGH) JUDGE2002.2014 Ramesh-M Malik Ramesh 2014.02.24 12:24 I attest to the accuracy and integrity of this document High Court Chandigarh

Same Court & Year Punjab and Haryana · 2014 Same Parties Fao No. 146-m of 2001 vs Fao No. 146-m of 2001 Same Subject Family