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2009 Supreme(Bom) 1351

B.R.GAVAI, N.D.DESHPANDE
Sow. Preeti w/o. Kishor Rajput – Appellant
Versus
Kishor s/o. Bhikansingh Rajput – Respondent


Advocates appeared:
Mrs. C. E. GAIKWAD, Adv. for the Appellant.
Shri. B. L. SAGAR KILLARIKAR, Adv. for the Respondent.

JUDGMENT :

N. D. DESHPANDE, J.:

By present appeal, appellant/wife (original respondent) impugned the judgment and decree dated 16-6-2008 passed by Family Court, Aurangabad in favour of her husband (original petitioner) thereby declaring their marriage dated 14-12005 as null and void in a Petition No.B-2/ 2005.

2. After notice, respondent herein (referred to hereinafter as 'original petitioner/ husband) gave his appearance and is also represented by Advocate Shri. Sagar Killarikar, who filed Civil Application No.3113 of 2009, dated 5-3-2006 for early hearing with the undertaking that he would not perform marriage till final disposal of this appeal. Throughout hearing, both the parties were present in the Court and, therefore, we allow sometime for reconciliation which failed, before the judgment.

3. R. & P. is received. Appeal is taken up for final hearing at the stage of admission.

4. Heard Mrs. C. E. Gaikwad, learned Counsel for the appellant/wife and Shri Sagar Killarikar, learned Counsel for the respondent/husband.

5. The material facts can be stated briefly, as under:

The respondent/husband, who was the petitioner before the Family Court, Aurangabad, filed a Petition No.B-2/2005 seek


































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