IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.350 of 2011(O&M) Date of decision: 17.1.2011 Smt.Shailey Tomar …..Appellant versus Deepak Kumar Tomar ……Respondent CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Rakesh Kumar Garg Present: Mr.Sanjay Vashisth, Advocate for the appellant Jasbir Singh, J. (Oral) C.M. No.1226-CII of 2011 In view of reasons mentioned in this application, which we feel are sufficient to condone the delay, it is allowed and 58 days delay in filing the appeal stands condoned. FAO No.350 of 2011 This appeal has been filed against an order dated 6.10.2010, dismissing application filed by the appellant and the respondent under Section 13-B of the Hindu Marriage Act, 1955(in short, the Act). It is not in dispute that as per understanding of the parties, an amount of ` 100,000/- was paid to the appellant, to be adjusted towards the final settlement. However, at a subsequent date, before final decree could be passed, the appellant withdrew her consent given under Section 13-B of the Act. On account of that, no option was left with the Court below but to FAO No.350 of 2011(O&M) dismiss that application and also order return of amount received by the appellant. We feel that the order passed is perfectly justified and needs no interference. Faced with the situation, counsel for the appellant states that let a direction be issued to adjust the amount, mentioned above, towards amount due to the appellant in proceedings under Section 125 Cr.P.C. and Section 24 of the Act. In that regard, at this stage, it is not possible for us to pass any order. The appellant be at liberty to move an appropriate application before the Court, where the matter is pending. The appeal stands disposed of. (Jasbir Singh) Judge 17.01.2011 (Rakesh Kumar Garg) gk Judge 2