Punjab-Haryana High Court
Saroj Bala vs Samunder Singh on 5 December, 2013
Author: S.S. Saron
Bench: S.S. Saron
IN THE HIGH COURT OF PUNJAB AND HARYANA AT
CHANDIGARH
FAO No.119- M of 2002
Date of decision: 05.12.2013
Saroj Bala
..... Appellant
Versus
Samunder Singh
..... Respondent
CORAM: HON'BLE MR. JUSTICE S.S. SARON
HON'BLE MS. JUSTICE NAVITA SINGH
Present: Mr. Bikram Chaudhary, Advocate, with
Saroj Bala-appellant in person.
None for the respondent.
S.S. SARON, J.
Mr. Bikram Chaudhary, Advocate, has put in appearance on behalf of the appellant. He has filed his vakalatnama in Court, which is taken on record.
The appeal has been filed by the appellant-Saroj Bala, against the judgment and decree dated 1.04.2002 passed by the learned Additional District Judge, Kaithal, whereby her petition seeking dissolution of the marriage between the parties by a decree of divorce has been dismissed. The marriage between the parties was solemnized according to Hindu rites and ceremonies on 2.5.1985. At the time of marriage, according to the appellant, both the parties were minors and it was a void marriage. After marriage, the appellant went to the house of the respondent, but he after keeping her for one night, left her in the area of Village Kithana, Tehsil and District Kaithal, which is her parents' house. The respondent had refused to cohabit with the appellant, besides had ill-treated her.
The allegations of the appellant were denied by the respondent-husband. The learned trial Court framed the following issues FAO No.119- M of 2002 -2- on 7.3.2001:-
"1. Whether the respondent deserted the petitioner without any sufficient cause, as alleged? OPA.
2. Whether the respondent treated the petitioner with cruelty, as alleged? OPA
3. Whether the petition is not maintainable, as alleged? OPR.
4. Relief."
After considering the evidence and material on record, the petition of the appellant was dismissed. Aggrieved against the same, she has filed the present appeal, which was admitted on 21.05.2002. Notices were issued to the parties and their counsel.
The appellant has appeared. It is stated by learned counsel for the appellant, on instructions from Saroj Bala-appellant, that the respondent-Samunder Singh has died on 14.01.2009. Photostat copy of the death certificate dated 19.1.2009 issued by the Health Department, Haryana Government, has been submitted. The same is taken on record. It is also submitted that after the death of the respondent, the appellant has remarried in March, 2009. In the circumstances, learned counsel for the appellant submits that the present appeal has been rendered infructuous and may be dismissed as such.
Dismissed as infructuous.
(S. S. SARON) JUDGE (NAVITA SINGH ) 05.12.2013 JUDGE monika Verma Monika 2013.12.10 12:34 I attest to the accuracy and integrity of this document chandigarh