Himachal Pradesh High Court: The Bench of Tarlok Singh Chauhan, J., allowed withdrawal of an appeal with the liberty to file a fresh petition on account of “technical defect”.
In the present case, the counsel for the appellant submitted that the client actually intended to file a petition under Section 13 of the Hindu Marriage Act. And the cause of action and ground for the petition are entirely different from Section 12 of the same Act, which forms the subject-matter of the present appeal. Therefore, on account of “technical defect”, the appeal is bound to fail. However, the counsel for the respondent submitted that the very basis for withdrawal of the appeal is some kind of medical report that is available on the record and has been submitted in compliance to the orders passed by the learned Mediator in the case. Although, the same has not been open yet.
The Court allowed the application dismissing the present appeal as withdrawn with liberty to the appellant to file appropriate proceedings under Section 13 of the Hindu Marriage Act. And directed that report submitted before the learned Mediator shall not be used as evidence by either of the parties, however, that will not debar them to proceed in accordance with law for having either of the parties medically examined under the law.[Ajay Kumar v. Anjana Verma, 2019 SCC OnLine HP 279, Order dated 08-03-2019]