High Court Punjab-Haryana High Court

Buta Singh vs Manjit Kaur on 29 April, 2009

Punjab-Haryana High Court
Buta Singh vs Manjit Kaur on 29 April, 2009
  IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                  CHANDIGARH


                          F.A.O. No. M-250 of 2003 (O&M)

                          Date of Decision: April 29, 2009


Buta Singh

                                               ... Appellant

                          Versus

Manjit Kaur.

                                             ... Respondent


CORAM: HON'BLE MR. JUSTICE S.D. ANAND.


Present : Mr. A.S. Syan, Advocate,
          for the appellant.

          Mr. Satnam Singh Gill, Advocate,
          for the respondent - wife.

          Mr. H.S. Gill, DAG, Punjabb.


S.D. Anand, J.

A coercive process to secure the presence of the

appellant – husband had been issued under the order dated

16.12.2008 passed by a Coordinate Bench (T.P.S. Mann, J.)

of this Court. He has been produced today in custody. He

has been brought by Ms. Sunita Rani, D.S.P., Patiala and SI

– Satnam Singh. The Coordinate Bench of this Court had

ordered issuance of coercive process against the appellant –
FAO No. M-250 of 2003 2

husband on account of non-payment of Rs.5,000/- which

had been imposed upon him as costs of adjournment.

The appellant states that he is not in a position to

pay up on account of his financial incapacity, particularly

when he had already undergone two kidney stone

operations and he no longer has earning capacity.

In the face thereof, he states that the appeal itself

may be dismissed as withdrawn.

In the light thereof, the appeal shall stand

dismissed as withdrawn. He shall be released from custody

forthwith.

April 29, 2009                                      ( S.D. Anand )
vkd                                                        Judge