KARNAIL SINGH Vs. SURINDER KAUR

JUDGEMENT

(1.) THIS Letters Patent Appeal is directed against the order of the learned Single Judge dated September 16,1987. Karnail Singh appellant had filed a divorce petition against the respondent on February 26, 1986. This divorce petition was decreed by Additional District Judge, Ambala vide his judgment dated October 4, 1986. Wife Surinder Kaur filed F. A. O. No. 201-M of 1986 in this Court against the decree passed by Additional District Judge, Ambala. The learned Single Judge allowed the appeal by the impugned judgment dated September 16, 1987 and set aside the decree passed for divorce.

(2.) DURING the pendency of this appeal, the present application has been filed on behalf of the appellant on October 27, 1992 stating therein that Surinder Kaur respondent has now married one Karam Singh, resident of village Bijwa, Teacher, Senior High School, Ramgarh District Alwar, Rajasthan and she had no objection to the re-marriage of the appellant and grant of divorce to him. With this application an affidavit of Surinder Kaur has been attached. In paragraph 1 of the affidavit, it has been stated that she accepts Shri Karam Singh, Balmik Sikh, Bijwa as her husband of her own free will. She has further stated that she did not bear any child from the first marriage. It is, therefore, clear that Surinder Kaur respondent has re-married.

(3.) NOTICE of the application was sent to the respondent but she did not file any Objection despite her service.