High Court Punjab-Haryana High Court

Mrs. Simran Goel @ Alka Gupta vs Mr. Amar Prabhu Goyal on 14 July, 2009

Punjab-Haryana High Court
Mrs. Simran Goel @ Alka Gupta vs Mr. Amar Prabhu Goyal on 14 July, 2009
FAO No. M-141 of 2008 (O&M)
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    IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                   CHANDIGARH

                               FAO No. M-141 of 2008 (O&M)
                               Date of decision: 14.07.2009


Mrs. Simran Goel @ Alka Gupta
                                                            ....Appellant


                      Versus



Mr. Amar Prabhu Goyal
                                                          ....Respondent

CORAM: HON'BLE MR. JUSTICE VINOD K. SHARMA

Present: - Mr. Raman Mahajan, Advocate,
           for the appellant.

           Mr. Amar Vivek, Advocate,
           for the respondent.

                      *****

VINOD K. SHARMA, J (ORAL)

CM No. 11312-CII of 2008

Allowed. Appellant is exempted from filing the certified

copies of Annexures A-1 to A-4.

FAO No. M-141 of 2008

The parties were called for re-conciliation. Respondent-

husband has given his unconditional consent to take the wife on any

condition, which may be imposed by this Court or may be desired by the

wife, but the appellant-wife is adamant, and has taken categorical stand,

that she is not willing to go with the husband, on account of his past

conduct.

This appeal has been filed against the judgment dated
FAO No. M-141 of 2008 (O&M)
-2-

25.4.2008 passed by the learned Civil Judge (Junior Division),

Chandigarh, exercising the powers of District Court, on a petition filed

under Section 9 of the Hindu Marriage Act.

Appeal under Section 28 of the Hindu Marriage Act lies

against a decree. The appeal as filed is, therefore, not competent. The

learned counsel for the appellant states that learned Court did not frame

decree, as the petition filed was treated as infructuous. The learned

Court while deciding the petition under Section 9 of the Hindu Marriage

Act was required to draw a decree.

This case is, therefore, remanded back to the learned trial

Court for drawing a decree.

Appeal disposed of.

(Vinod K. Sharma)
Judge
July 14, 2009
R.S.