An appeal against a judgment dismissing a divorce petition was dismissed as withdrawn by the High Court of Punjab & Haryana, allowing the appellant to refile on accrued grounds of desertion.
Allow withdrawal of the appeal to enable filing of a fresh divorce petition.
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FAO No.M-116 of 2013
1
IN THE HIGH COURT OF PUNJAB & HARYANA, CHANDIGARH
FAO No.M-116 of 2013 Date of Decision: 04.04.2013
Devi Dayal
..... APPELLANT
VERSUS
Renu
..... RESPONDENT
CORAM: HON'BLE MR. JUSTICE S S SARON HON'BLE MR. JUSTICE S P BANGARH
PRESENT: - Mr. Puneet Bassi, Advocate for the appellant.
. . .
S S SARON, J
The appeal has been filed by appellant Devi Dayal against the judgment and decree dated 18.02.2013 passed by learned Additional District Judge, Rohtak whereby his petition under Section 13 of the Hindu Marriage Act, 1955 (in short 'the Act') seeking dissolution of the marriage between the parties by a decree of divorce, has been dismissed.
The marriage between the parties was solemnized on 18.05.2003 at Village Bhaini Matu Tehsil Meham, District Rohtak as per Hindu rites and ceremonies. A child was born from the marriage. The petition for divorce seeking dissolution of the marriage between the parties
FAO No.M-116 of 2013 2
was filed on the grounds of desertion and cruelty on 23.07.2010. It was, inter alia, stated that the respondent had left the house of the appellant in his absence on 15.10.2009 and since then, she has been living with her father without any reason.
Learned counsel for the appellant submits that the ground of desertion for filing the petition was not available to him on 23.07.2010 as the period of desertion of two years by the respondent immediately preceding the presentation of the petition under Section 13 (1) (ib) had not lapsed.
It is, therefore, submitted that the appellant may be allowed to withdraw the appeal so as to enable him to file a fresh petition for divorce on the ground of desertion on the cause of action which has accrued to him after lapse of two years from the separation of the parties.
The appeal is accordingly dismissed as withdrawn.
(S S SARON) Judge
(S P BANGARH) April 04, 2013 Judge jt
1 issue framed by the court
Whether the appellant is permitted to withdraw the appeal to file a fresh divorce petition on grounds of deserted accrued after a two-year lapse.
Devi Dayal
Renu
S S SARON
S P BANGARH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
