Jaskaran Singh Gill vs Sarah Cuzzoul
2023 Latest Caselaw 279 P&H

FAO-80-M of 2005 (O&M)                 1

      IN THE HIGH COURT OF PUNJAB AND HARYANA AT
                     CHANDIGARH
                            FAO-80-M of 2005(O&M)
                            Date of Decision:09.01.2023

Jaskaran Singh Gill

                                                            ........Appellant

                          Versus

Sarah Cuzzoul
                                                            ...... Respondent


CORAM:- HON'BLE MRS.JUSTICE LISA GILL
            HON'BLE MRS. JUSTICE RITU TAGORE


Present:    None.

                          *****

LISA GILL, J(Oral).

This appeal has been filed by the appellant-husband through his

Special Power of Attorney Holder-Darshan Singh i.e., father of the

appellant. Challenge is to judgment dated 31.01.2005, whereby petition

under Section 13 of the Hindu Marriage Act (for short 'the Act'), filed by

the appellant seeking dissolution of his marriage with the respondent, has

been dismissed.

Perusal of file reveals that petition under Section 13 of the Act,

was also filed through Special Power of Attorney Holder-Darshan Singh.

Respondent was proceeded ex parte. It is observed by the learned Additional

District Judge, Ludhiana that the appellant-husband did not even come

present before Court either to file the reply or even to verify the contents of

the petition and neither entered the witness box. Power of Attorney Holder-

Darshan Singh, it is observed, has nowhere pleaded or stated that he has got

personal knowledge of the allegations and grievances as raised in the

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petition by the appellant qua the respondent-wife. It was further observed

that conversion of the respondent is not established and provisions of the

Act, it is observed are not applicable in the present case.

This appeal was admitted on 11.08.2005. None had been

appearing on behalf of the appellant since the year 2008. Notice was issued

to the appellant on 19.05.2022.

As per office report, appellant has been served through brother-

Jasdev Singh as Special Power of Attorney Holder-Darshan Singh has since

passed away.

None has appeared on behalf of the appellant today. It appears

that the appellant is no longer interested to pursue the present matter.

Appeal is accordingly dismissed in default and for non

prosecution.

Copy of this order be conveyed to the appellant at the given

address.

( LISA GILL ) JUDGE

(RITU TAGORE) January 09, 2023. JUDGE s.khan Whether speaking/reasoned : Yes/No.

               Whether reportable        :       Yes/No.




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