RAVINDER KAUR Vs. SUNIL KUMAR SHARMA

JUDGEMENT

(1.) BY way of present petition, petitioner-wife has challenged the order dated 29th November, 2011, by which application of the respondent- husband for restoration of divorce petition i.e., HMA 186/2009 which was withdrawn by him on 22nd February, 2011, has been dismissed.

(2.) RESPONDENT-husband had filed HMA 186/2009 against petitioner/wife seeking dissolution of marriage on the ground of cruelty and adultery. The alleged adulterator was also made a party to the said petition. When the matter was at the stage of evidence of petitioner-wife, respondent-husband had moved an application u/s 151 C.P.C. making On 22 nd prayer for withdrawal of the said petition unconditionally. February, 2011, the Ld. Family Court recorded the statement of respondent-husband which is as under:-

(3.) AFTER hearing counsel for the parties and considering the statements made by the parties while withdrawing the earlier divorce petition, the learned court has observed as under:-