IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH FAO No.3827 of 2010(O&M) Date of decision: 09.02.2011 Farooq …..Appellant versus Smt.Ruksana ……Respondent CORAM: Hon’ble Mr.Justice Jasbir Singh Hon’ble Mr.Justice Rakesh Kumar Garg Present: Mr.Kunal Dawar, Advocate for the appellant Mr.Rajesh Lamba, Advocate for the respondent Jasbir Singh, J. (Oral) C.M. No.16467 of 2010 In view of reasons given in this application, it is allowed and 101 days delay in filing the appeal stands condoned. FAO No.3827 of 2010 This appeal has been filed against judgment passed by the District Judge, Family Court, Faridabad on 13.1.2010, decreeing a suit filed by the respondent to dissolve marriage by passing an order under the Muslim Marriage Act, 1939. FAO No.3827 of 2010(O&M) Counsel for the appellant has vehemently contended that on 22.10.2009, power of attorney was withdrawn by counsel for the appellant. Thereafter, no notice was served to him and judgment was passed on 13.1.2010, in an ex-parte manner. The appellant, when came to know about that order, he has filed this appeal. After notice, respondent has put in appearance. Her counsel states that after passing of the judgment in question, the respondent got re- married on 27.4.2010 and now she is expecting a child (pregnancy is stated to be about seven months old). At the time of arguments, counsel for the respondent very fairly stated that whatever litigation has been initiated by the respondent, she will appear in the Court or may be before the Investigating Officer and shall withdraw the allegations leveled by her against the appellant/ his family members. It is further stated that the respondent shall not claim maintenance from the appellant. Under the circumstances, we feel that it will not be possible for this Court to interfere at the instance of the appellant at this stage, however, in view of a fair stand taken by the respondent, we dispose of this appeal by directing that the respondent shall appear in the Court where proceedings initiated by her under Section 498A IPC etc. are pending and make a statement to withdraw the allegations leveled against the appellant. In case such a statement is made, the Court is directed to close the criminal litigation. If any other litigation is pending, the respondent shall appear and withdraw the same. It is made clear that if any litigation has been initiated at the instance of the appellant, he shall also withdraw the same. (Jasbir Singh) Judge 2 FAO No.3827 of 2010(O&M) 09.02.2011 (Rakesh Kumar Garg) gk Judge 3