IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No. M-192 of 2011 Date of decision: 20.12.2011 Preeti …..Appellant vs. Sukhwinder Singh …..Respondent CORAM: - HON’BLE MR. JUSTICE HEMANT GUPTA HON’BLE MR. JUSTICE G.S.SANDHAWALIA Present: - Mr. Vinay Puri, Advocate for Mr. D.K.Bhatti, Advocate for the appellant. Mr. Mohit Garg, Advocate for respondent. HEMANT GUPTA, J Present appeal is directed against an order passed by learned District Judge on 25.5.2010, whereby a petition for dissolution of marriage by mutual consent under Section 13-B of the Hindu Marriage Act, 1955 (for short the ‘Act’) was dismissed for the reason that respondent has not examined himself but his attorney has made a statement for dissolution of marriage in the first instance on 22.8.2009 as well as at the second motion on 25.2.2010. Learned counsel for respondent states that respondent was living abroad during the relevant period and could not appear in person to make statement before the Court for dissolution of marriage. He further states that FAO No. M-192 of 2011 respondent is now present in India and is ready & willing to give statement for dissolution of marriage by mutual consent. In view of the aforesaid fact, the judgment and decree passed by learned trial Court on 25.5.2010 is set aside. The matter is remitted back to learned District Judge. The parties are directed to appear before the learned District Judge on 9.1.2012 for further proceedings in accordance with law. It shall be open to respondent to appear in person before the learned District Judge on 9.1.2012. If the respondent owns his statement made by his attorney on 22.8.2009 and 25.2.2010 respectively, the learned trial Court shall be at liberty to pass the order for dissolution of marriage under Section 13-B of the Act. Trial Courts records be sent to learned trial Court forthwith. Disposed of, in the above terms. (HEMANT GUPTA) JUDGE (G.S.SANDHAWALIA) JUDGE 20.12.2011 preeti 2