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.
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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)
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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.