PRATIMA YADAV Vs. VINOD KUMAR YADAV

JUDGEMENT

(1.) The instant appeal has been preferred under Section 28 of Hindu Marriage Act, read with Section 19 of Family Court Act, against the order dated 10.10.2012, passed by learned Civil Judge (S.D.), Ambedkar Nagar in Case No.259 of 2004 by which the suit for divorce was dismissed as withdrawn.

(2.) Brief facts of the case are that the respondent filed suit for divorce which was registered by the learned Trial Court as Suit No.259 of 2004. In the said suit the appellant moved an application for interim maintenance under Section 24 of Hindu Marriage Act (hereinafter referred to as the "Act"), which was rejected by the learned Trial Court against which she preferred Civil Revision No.69 of 2008 which was allowed by learned Additional District Judge, Ambedkar Nagar? and the impugned order was quashed and the learned Trial Court was directed to decide the application for ad-interim maintenance under Section 24 of the Act on merits. This order was passed on 12.01.2012. The mischievous husband immediately moved an application for withdrawal of the suit which was numbered as 54-A1, against which the appellant filed objection 55-C. Learned Trial Court allowed the application subject to payment of Rs.4,00/- as cost and the suit was dismissed as withdrawn. The wife/defendant has preferred this appeal against the impugned order.

(3.) Heard learned counsel for both the parties and perused the records.