Paramjeet Singh, J. - (1.) Crl. Misc. No.50229 of 2012 For the reasons stated, application is allowed. Delay of 18 days in refiling the appeal is condoned. Crl. Appeal No. S SB of 2012
(2.) The instant appeal has been filed against the order dated 26.05.2012 passed by learned Additional Sessions Judge, Ludhiana in an application under Section 195/340 Cr.P.C. moved in proceedings under Section 13-B of the Hindu Marriage Act (hereinafter called 'the Act').
(3.) Brief facts of the case are that the appellant and the respondent filed a petition under Section 13-B of Act for dissolution of marriage between the parties by way of mutual consent in the Court of learned District and Sessions Judge, Ludhiana, which was entrusted to the learned Additional District Judge. Before passing of the decree of divorce, respondent withdrew her consent and did not make a statement after the lapse of statutory period of six months for consent divorce under Section 13-B of the Act. On that score, appellant filed an application under Section 195/340 Cr.P.C. for initiating proceedings against respondent - Shilpa Sethi for resiling from her statement made in the proceedings under Section 13-B of the Act at first motion. Learned Additional District Judge, Ludhiana, after appreciating the evidence, declined the application of the appellant under Section 195/340 Cr.P.C. Hence this appeal.;