FA 14/07 Hon’ble P.C. Pant, J. Hon’ble Dharam Veer, J. Sri Lokpal Singh, counsel for appellant and Sri Siddhartha Sah, counsel for respondent are present. Learned counsel for the appellant concedes that the petition u/s 27 of the Hindu Marriage Act, 1955 was not maintainable before the Judge, Family Court, Hardwar, as there was no proceeding pending under the said Act on the date when the petition u/s 27 of the said Act was moved, and before initiation of proceedings before the Family Court, husband of appellant had died. In the above circumstances, learned counsel for the appellant submitted that he may be permitted to withdraw the petition moved u/s 27 of Hindu Marriage Act, 1955, with the liberty to seek remedy available to him under the law. Having heard learned counsel for the parties and after going through the provisions contained in Section 27 of Hindu Marriage Act, 1955, this appeal is disposed of with the observation that petition moved by the appellant/petitioner u/s 27 of the aforesaid Act is dismissed as withdrawn with liberty to the appellant/petitioner, to seek the remedy available to him under the law. (D.V. J.) (P.C.P., J.) 21.08.2008 Rajeev Dang