CR No.8389 of 2010 (O&M) -1- IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH **** CR No.8389 of 2010 (O&M) DATE OF DECISION: 22.12.2010 **** Sunita . . . . Petitioner Vs. Dr. Gulshan Ratra . . . . Respondent **** CORAM : HON’BLE MR.JUSTICE RAKESH KUMAR JAIN **** Present: - Mr.Sandeep Arora, Advocate for the appellant. **** RAKESH KUMAR JAIN J. (ORAL) CM No.32592-CII-2010 Application is allowed as prayed for. CR No.8389 of 2010 This revision petition is directed against the order dated 23.11.2010 passed by Additional District judge, Jalandhar whereby an application to treat issue No.4 as a preliminary issue was allowed and the petition filed under Section 13 of the Hindu Marriage Act, 1955 (for short ‘the Act’) was held to be maintained. Learned counsel for the petitioner has submitted that earlier husband had filed petition under Section 11 of the Act which was withdrawn by him. Later on, both filed petition under Section 13B of the Act which also met with the same fate. Now the husband has filed present petition under Section 13 of the Act for the purpose of dissolution of the marriage on the ground of cruelty. It is submitted that since, earlier petition filed by the husband was withdrawn, therefore, present petition cannot be entertained. I have heard learned counsel for the petitioner and perused the available record from which I have found that contention of the CR No.8389 of 2010 (O&M) -2- petitioner is totally misconceived because the first petition was filed under Section 11 of the Act, which has no similarity with the petition filed by the husband under Section 13 of the Act for dissolution of the marriage. In view thereof, I do not find any merit in this revision and as such the same is hereby dismissed. No costs. (RAKESH KUMAR JAIN) 22.12.2010 JUDGE Vivek