FAO No. M-177 of 2007 1 IN THE PUNJAB AND HARYANA HIGH COURT AT CHANDIGARH FAO No. M-177 of 2007 (O&M) Date of Decision : 21.7.2009 Satnam Singh .......... Appellant Versus Palwinder Kaur ...... Respondent CORAM : HON'BLE MR. JUSTICE VINOD K. SHARMA Present : Mr. Puneet Garg, Advocate for the appellant. Mr. S.S. Rangi, Advocate for the respondent. **** VINOD K. SHARMA, J. (ORAL) C.M. No. 16552-CII of 2009 The applicant-appellant has moved this application for withdrawal of the appeal filed against the judgment and decree dated 21.5.2007 passed by the learned Matrimonial Court vide which his petition under Section 13 of the Hindu Marriage Act, was ordered to be dismissed. This Court on an application under Section 24 of the Hindu Marriage Act has granted maintenance pendente lite and litigation expenses to the respondent / wife, which allegedly has not been paid. The applicant / appellant has now moved an application for withdrawal of appeal, which is opposed on the ground that the appellant FAO No. M-177 of 2007 2 cannot be allowed to withdraw this appeal without paying the maintenance pendente lite and litigation expenses. This contention of the learned counsel for the respondent cannot be accepted, as the order passed under Section 24 of the Hindu Marriage Act is an executable order. The wife is at liberty to execute the order irrespective of the fact that the appeal stands dismissed. Once the appellant is not interested to prosecute this appeal, she has no right to oppose the withdrawal especially when she is opposing appeal on merit. Consequently, C.M. is allowed. The applicant / appellant is allowed to withdraw the main appeal. It is made clear that order of dismissal of appeal would not come in way to execute the order passed under Section 24 of the Act granting maintenance pendente lite and litigation expenses to respondent- wife. FAO No. M-177 of 2007 Dismissed as withdrawn. 21.7.2009 ( VINOD K. SHARMA ) 'sp' JUDGE