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2008 Supreme(Bom) 662

RANJANA DESAI, R.P.SONDURBALDOTA
Jinu P. Philip – Appellant
Versus
Annie Varghese – Respondent


JUDGMENT : (Per Smt. Ranjana Desai, J.)

1. Rule. Respondents waive service. By consent of the parties, taken up for hearing forthwith.

2. The appellant is the original respondent-husband and the respondent is the original petitioner-wife in Petition No.A-361 of 2007, which was filed in the Family Court No.3, Pune at Pune. For the sake of convenience, we shall refer to them as the appellanthusband and the respondent-wife.

3. A petition was filed by the respondent-wife for restitution of conjugal rights under section 22 of the Special Marriage Act, 1954 (for short, “the said Act”). The case of the respondent-wife was that she and the appellant-husband were married on 11/12/2003 at Pune under the provisions of the said Act. Both the parties are Christians by religion. It was a love marriage. The appellanthusband had not informed about this marriage to his parents. It is the case of the respondent-wife that notice of the marriage was given in September, 2003. After the marriage, which took place on 11/12/2003, the appellant-husband left the respondent-wife at Lonavla. He went to Dubai on 14/12/2003. He told the respondent-wife that after he would get a job, he would arrange for her Vis



























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