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1988 Supreme(Bom) 117

H.D.PATEL
Nandini w/o Sanjiv Ahuja – Appellant
Versus
Sanjiv s/o Birsen Ahuja – Respondent


JUDGMENT - H.D. PATEL, J.:---By this revision the applicant Nandini, who is the wife of the non-applicant Sanjiv Birsen Ahuja, prayed for quashing the order passed by the 2nd Joint Civil Judge, Senior Division, Nagpur, on 19th January, 1988 in Hindu Marriage Petition No. 176 of 1986 rejecting the application Exh. 64.

2. The non-applicant filed a petition under section 13 of the Hindu Marriage Act seeking a decree of divorce against the applicant-his wife, on the allegations that she had adulterous relations with one Anil Jaydayal Taneja; who is the husband of the sister of the applicant. That petition is being resisted by the applicant by filling a detailed written statement. The applicant in para 13 of the written statement contended that in the marriage the non-applicant has been able to gain handsome amounts and also received attractive and costly presents, the list of which would be filed in due course. During the pendency of the petition an application (Exh. 64) was moved by the applicant stating therein that the non-applicant has contravened Rule 4(1)(h) [sic (g)]of the Hindu Marriage Divorce, Rules, 1955 (hereinafter referred to as “the Rules”) framed by the Bombay High








































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