SMT. RINA DWIVEDI Vs. AWADHESH KUMAR

JUDGEMENT

(1.) This is first appeal under section 28 of Hindu Marriage Act, against the judgment and order dated 29.07.2016 passed by Principal Judge, Family Court, Gonda in Regular Suit No. 507 of 2008; Awadesh Kumar v. Smt. Reena and others whereby the Court has dismissed the Suit for non compliance of Court's order dated 04.03.2016.

(2.) Brief facts necessary for disposal of this appeal are that respondent-Awadesh Kumar had filed a Suit for restitution of conjugal right under section 9 of Hindu Marriage Act, against the appellant. During pendency of the Suit, the respondent moved an application for withdrawal of the case, which was allowed by the Court vide its order dated 04.03.2016 on payment of Rs. 35,000/-. It was also directed by the Court that after payment of the above cost, the Suit shall be permitted to be withdrawn. However, the cost was not paid by the respondent, therefore, the Suit was dismissed by the Court by the impugned order dated 29.07.2016 for non compliance of order dated 04.03.2016.

(3.) Feeling aggrieved by the impugned order, the appellant has preferred this appeal under section 28 of Hindu Marriage Act.