..^^•^^^^-•^v ^ IN THE HON'BLE HIGH COURT OF CHHATTISeARH ATBILASPUR fC.G.) F.A. rM)No..:^7....0f 2010 APP^LLANT/DEFENbANT z 0)^^"'^.cyv ^.^•^"r^sw^:1' 9^esev 1®^ :."-"''^^ ^^A.'0"' ESPONDENT/PLAINTCFF Ojvisjon ggndk ixmi Kant Sahu, Son of Jhumuk Lal Sahu, aged 38 years, Occupation Advocate. Resident of Laxmi Fulvari, Sorid Nagar. Dhamtari (C.6.). VERSUS ?mt. Neelam Sahu Wife of Laxmi Sahu, aged about 30 years, R/o. Vitlage Dhaneli, Tahsil Gurur, Dist.-burg (C.G.) FIRST APPEAL UNDER SECTION 190) OF THE FAMILY COURTS ACT. 1984 HIGH COURTO^CHHATnSGARH AT BILASPUR Coram: Hon'ble ShriDhirendraMishra, & Hon' bleShriR.N. Chandrakar, JJ Appellant/ Defendant FirstADpeal (M) No. 39of2010 Laxmi Kant Sahu, son of Jhumuk Lal Sahu, aged 38 years, occupation Advocate, resjdent of Laxmi Fulvari, Sorid Nag^r, Dhamtari (CG). Vs. ResDondenV Plaintiff 2. Smt. NeelamSahu, wife of Laxmi Sahu, aged about 30 yedrs, r/o. Village Dhaneli, Tahsil Gurur, Dist. Durg (CG). Assistant Commissioner of Income Tax, Investigation Circle, Bilaspur (MP). (First Appeal under Section 19(1) ofthe Family Court Act, 1984) Present: Shri R.S. Patel, couhsel forthe appeltant. ^ Raju Oral Order (Passed on this7th day ofApril, 2010) Per Dhirendra Mishra. J. Thjsappeal underSectibn 19(1) ofthe Family Court Act, 1984 is directed against the order dated 11-2-2010 passed by the Additional Principal Judge, Family Court, Balod, District Durg inCivil Suit No. 25-A/2008, whereby the appellant's application under OrderQ Rule 7 of the C.P.C. dated 9-2-2010 in divorce proceedings under Section 13of the Hindu Marriage Act, 1955, has _,. been rejected. •2) Learned counsel forthe appellantsubmits that in themeanwhile, ex parte decree of divorce hasbeenpassed by the Family Court on 11-2-2010, therefore, he seeks to withdraw this appeal with liberty to filean application before the Family Court under Order 9 Rule 13 ofthe C.P.C. 3) Accordingly, this appeal is dismissed as withdrawn with the aforesaid liberty. Sd/- Dhirendra Mishra Judge Sd/- R.N. Chandrakar Judge