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2020 Supreme(Bom) 1107

A.S.KILOR
Kanchan – Appellant
Versus
Prashant Manikrao Bagade – Respondent


Advocates Appeared:
For the Petitioner:T.G. Bansod, Advocate.
For the Respondent:S.S. Jagtap, Advocate.

JUDGMENT :

1. By way of the present contempt petition, the petitioner is seeking action under Section 12(3) of the Contempt of Court Act, 1971 (hereinafter in short “the Act, 1971”) against the respondent for alleged willful disobedience of ‘other process of a Court’ by performing marriage in contravention of the provision of Section 15 of the Hindi Marriage Act, 1955 (hereinafter in short “the Act, 1955).

2. The brief facts which are relevant for the present contempt petition are as follows:

    The respondent herein had preferred a petition under Section 13 of the Act, 1955 against the petitioner herein for dissolution of marriage solemnized on 28.12.2003, on the ground of cruelty and desertion, which was opposed by the petitioner by filling written statement.

3. The learned Joint Civil Judge Senior Division, Akola vide its judgment and decree dated 29.10.2009, dismissed the petition, by holding that the respondent herein failed to prove cruelty and desertion.

4. This judgment and decree was questioned in Regular Civil Appeal No.167 of 2009, by the respondent, which was allowed and thereby declared that the marriage between the petitioner and the respondent stands dissolved by decree of

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