High Court of Punjab and Haryana, Chandigarh
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Navjot Singh v. Parminder Kaur - FAO-45-M-2006  RD-P&H 67 (8 January 2007)
F.A.O. NO. 45-M OF 2006
DATE OF DECISION: January 12, 2007.
CORAM: HON'BLE MR. JUSTICE JASBIR SINGH
HON'BLE MR. JUSTICE BALDEV SINGH
PRESENT: Mr. Vikas Bahl,
Advocate, for the appellant.
Mr. Vikas Cuccria, Advocate,
for the respondent.
JASBIR SINGH, J. (oral)
This appeal has been filed against the order dated November 5, 2005, passed by the Additional District Judge, Ferozepur, vide which application of the appellant, filed under Section 13 of the Hindu Marriage Act, 1955, was dismissed. Record reveals that when the appellant, despite opportunities given, failed to bring his evidence, by looking into pleadings of the parties, all the issues were decided against him. It has also come on record that the decree for restitution of conjugal rights had already been passed against the appellant on April 10, 2002. When this matter came up for hearing before this Court on March 6, 2006, following order was passed: "Notice of motion for 20.4.2006, confined to the plea that the appellant was unable to lead his evidence before the trial Court."
Thereafter, vide order dated November 9, 2006, appellant was directed to bring on December 12, 2006, a demand draft of Rs. 10,000/- in the name of the respondent wife, to be paid to her towards litigation expenses. He failed to do so and on request, the matter was adjourned to today. Shri Bahl informs this Court that neither the appellant is available, nor draft has been sent by him, to be paid to the respondent. In view of this, we feel that this appeal is liable to be dismissed for non-prosecution.
( Jasbir Singh)
( Baldev Singh )
January 12, 2007. Judge
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