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1957 Supreme(Bom) 165

D.V.VYAS, N.M.MIABHOY
Rajani Prabhakar Lokur – Appellant
Versus
Prabhakar Raghavendra Lokur and Anr – Respondent


Judgment

1. This appeal raises a question under the Hindu Marriage Act, 1955, and the question is one of construction of Clause (i) of Sub-section (1) of Section 33 of the Act. This question arises upon the following facts.

2. The appellant in this appeal is the wife of the respondent No. 1 and she has filed this appeal from a decree passed by the learned Civil Judge, Senior Division, Thana, in Petition No. 12 of 1955 made by the husband under the Hindu Marriage Act, 1955. By the decree passed by the learned Judge, the marriage between the appellant and respondent No. 1, Prabhakar Raghavendra Lokur has been dissolved. In other words, it is a divorce decree. It has been further ordered by the decree that respondent No. 1 husband shall recover costs of the petition from respondent No. 2 who is the co-respondent in this case. The wife and the co-respondent have been ordered to bear their own costs. It is from this decree that the wife has filed the present appeal.

3. A few facts leading up to the filing of petition No. 12 of 1955, by the husband under the Hindu Marriage Act, 1955, may now shortly be stated. It is a petition for divorce or in the Alternative for a judicial separation un
















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