IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH F.A.O. No. M-257 of 2008 Date of Decision: March 04, 2009 Sukhdev Singh. … Appellant Versus Balvinder Kaur … Respondent CORAM: HON’BLE MR. JUSTICE S.D. ANAND. Present : Mr. Rakesh Gupta, Advocate, for the appellant. None for the respondent. ***** S.D. Anand, J. The respondent stood served for appearance in this Court on 22.01.2009 but none entered appearance on her behalf on that date. The matter was adjourned to await appearance. Even today, none has entered appearance on her behalf. The parties before this Court filed a joint petition under Section 13-B of the Hindu Marriage Act for dissolution of their marriage. On 26.09.2008, the petitioner herein (petitioner No.2 therein) appeared in person; while none entered appearance on behalf of respondent herein (petitioner No.1 before the learned FAO No. M-257 of 2008 Trial Court) on that date. The petition was ordered to be dismissed in default for want of prosecution. By the very nature of things, the joint petition under Section 13-B of the Hindu Marriage Act could not have been dismissed in default because one of the petitioners therein (petitioner before this Court) was present in person. It was for the learned Trial Court to pass whatever order it deemed fit on account of the absence of petitioner no.1 therein (respondent before this Court), except an order on point of dismissal in default. The petition shall stand allowed. The impugned order shall stand set aside. The petition is restored. The learned Trial Court shall proceed further in accordance with law. March 04, 2009 ( S.D. Anand ) vkd Judge 2