Dismissed¶5

Sandeep Kaur v. Bhagwant Singh

Punjab & Haryana HC19 Feb 2025FAO/1190/2025

Case brief

AI extract

What is this about?

Wife's appeal against ex-parte decree of divorce on cruelty (Section 13 Hindu Marriage Act) granted to husband by Principal Judge, Family Court, Sangrur (Camp at Malerkotla) on 17.09.2024; 60-day filing delay condoned (CM No.3501-CII-2025); appeal withdrawn with liberty to move Family Court under Order 9 Rule 13 CPC; dismissed as withdrawn; merits not commented upon; bench Sudhir Singh and Sukhvinder Kaur.

What did the court decide?

Appeal dismissed as withdrawn; appellant permitted to withdraw with liberty to file an application under Order 9 Rule 13 CPC before the learned Family Court; delay of 60 days in filing the appeal condoned. ¶5

Sandeep Kaur Vs Bhagwant Singh — Matrimonial and Divorce | Punjab & Haryana HC (2025)

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FAO-1190-2025 (O&M)

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IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH

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111

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FAO-1190-2025 (O&M) Decided on :19.02.2025

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SANDEEP KAUR ....Appellant

VERSUS

BHAGWANT SINGH

.....Respondent

CORAM: HON'BLE MR. JUSTICE SUDHIR SINGH HON'BLE MRS. JUSTICE SUKHVINDER KAUR

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Present: Mr. Dhiraj Jindal, Advocate for the appellant.

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SUDHIR SINGH, J (ORAL)

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CM No.3501-CII-2025

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For the reasons given in the application, the same is allowed and delay of 60 days in filing the appeal is condoned.

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FAO No.1190 of 2025 (O&M)

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Challenge in the present appeal is to the judgment and decree dated 17.09.2024 passed by the learned Principal Judge, Family Court, Sangrur, Camp at Malerkotla (for short ‘Family Court’), whereby the petition filed by the respondent-husband under Section 13 of the Hindu Marriage Act, has been allowed and the marriage between the parties has been dissolved by decree of divorce on the ground of cruelty.

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2 A perusal of the impugned judgment and decree would show that the appellant-wife was proceeded ex-parte.

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Jyoti 2025.02.21 15:23 I attest to the accuracy and integrity of this document

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FAO-1190-2025 (O&M)

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3 At the outset, learned counsel for the appellant-wife seeks withdrawal of the present appeal with liberty to approach the learned Family Court by way of application under Order 9 Rule 13 CPC.

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4 In view of the prayer made by learned counsel for the appellant and without commenting on the merit of the case, the appellant is permitted to withdraw the present appeal with liberty to file an application under Order 9 Rule 13 CPC before the learned Family Court.

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