PAWAN KUMAR Vs. MAMTA RANI

JUDGEMENT

(1.) The appellant challenges order dated 17.10.2014 dismissing a petition, filed by the parties under Section 13-B of the Hindu Marriage Act 1955 (in short 'the Act') and order dated 05.03.2015, rejecting an application for recalling order dated 17.10.2014 and an application for refund of Rs. 8,80,000/-.

(2.) Counsel for the parties submit that both parties filed a petition under Section 13-B of the Act. The Additional District Judge, Karnal recorded the joint statement of parties on 10.03.2014, in first motion and the appellant paid Rs. 8,80,000/- to the respondent. However, at the stage of second motion, the respondent refused to make a statement leading to the dismissal of the petition. The appellant, thereafter, filed an application for refund of Rs. 8,80,000/-. The respondent also filed an application for recalling of order dated 17.10.2014 as she was ready to make a statement in second motion. The Additional District Judge has, however, dismissed both applications for want of power to recall these orders.

(3.) Counsel for the parties pray that as parties have resolved their differences that arose before the Court below, at the stage of second motion and are ready to make statements, the impugned orders may be set aside and the petition filed under Section 13-B of the Act may be proceeded with from the stage of second motion.