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2011 Supreme(Bom) 1091

B.P.DHARMADHIKARI, A.P.BHANGALE
Sheikh Abdullah son of Sheikh Hafizullah – Appellant
Versus
Husnaara Parveen wife of Sheik Abdulla – Respondent


Advocates appeared:
For the Appellant:Abdul Bashir, Advocate.
For the Respondents:A.M. Rizwy, Advocate.

Judgment :

(A.P. Bhangale, J.)

1. Present appeal is preferred by appellant husband against the judgment and order dated 14th June 2001 passed by the Judge, Family Court, Nagpur dismissing his petition for restitution of conjugal rights. Appeal has not come up for final hearing out of chronology. However, in view of Civil Application No. 2386 of 2001 filed by appellant husband for grant of stay as, according to appellant, respondent wife is getting married on 16th September 2011, instead of deciding civil application alone, appeal itself has been taken up for final hearing by consent of parties.

2. Heard learned counsel for the parties at length. Perused the impugned judgment and order and other material on record.

3. The case of the appellant is that respondent is cousin of appellant and they were residing at Bhutiya Darwaza, near Masjid, Nagpur. They fell in love with each other and their love affair blossomed into their agreement to enter the marital tie. It is averred in the petition that somewhere in the month of May June 1997 they visited the office of District Marriage Officer and an application in prescribed proforma along with relevant documents was filed by respondent for





















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