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1997 Supreme(SC) 1418

S.B.MAJMUDAR, J.JAGANNADHA RAO
Dhanwanti Joshi – Appellant
Versus
Madhav Unde – Respondent


JUDGMENT

M. Jagannadha Rao, J.-These two appeals are connected and can be disposed of together. C.A. No. 5517 of 1997 arises out of orders dated 10.6.1997 and 4.7.1997 passed by the High Court in appeal against M.J. Petition No. 985 of 1985 filed by the appellant in Civil Court which was transferred to the Family Court. C.A. No. 5518 of 1997 arises out of orders passed on same dates by the High Court in Family Court Appeal No. 99 of 1995 (arising out of order dated 1.12.1995 in custody case No. 9 of 1993 filed by the respondent). The orders dated 10.6.1997 are orders dismissing the matters for default and orders dated 4.7.1997 are those refusing to restore the matters and vacating the ad interim order. In the Family Court Appeal 99 of 1995 while passing orders on 4.7.1997, it was also stated by the High Court that the appellant had no case on merits.

2. The facts leading to the appeals are as follows :-

The respondent Mr. Madhav Unde married the appellant (who was then in U.S.A.) on 11.6.82 at Omaha, State of Nebraska in the U.S.A. On 19.6.1982, a separate marriage ceremony as per Hindu rituals was performed. It appears that the respondent had earlier married one Bhagyawanti at Nagpur




















































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