I.S. Tiwana, J. - (1.) This appeal is directed against an order vide which an application filed by the appellant under Sec. 13 of the Hindu Marriage Act, 1955 (for short, the Act) has been dismissed.
(2.) Learned counsel for the appellant very fairly and frankly states that as a matter of fact in the given facts and circumstances of this case, no petition under Sec. 13 of the Act was at all maintainable and on that account he had filed an application in the lower Court for amendment of the original application to convert it to one under Sec. 9 of the Act, i.e. for restitution of conjugal rights. Somehow the 5 trial Court declined that prayer of the appellant for amendment of the application. Even now the learned counsel states that he may either be allowed to amend or withdraw the petition under Sec. 13 of the Act in order to enable him to file one under Sec. 9 of the Act.
(3.) Since the trial Court has already declined the prayer made by the appellant for amendment of the application, I without going into the merits of the case and more particularly there being no opposition on behalf of the respondent to the prayer made, allow the appellant to withdraw this application under Sec. 13 of the Act with permission to file one under Sec. 9 of the Act if she so chooses. Thus this appeal is dismissed with the above-noted observations. No costs. Appeal dismissed accordingly.;