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2007 Supreme(Pat) 1242

NAVANITI PRASAD SINGH
Ram Pravesh Mishra – Appellant
Versus
Navneeta Devi – Respondent


Judgment

1. The petitioner had instituted a proceeding for annulment of marriage. In course of the said matrimonial proceedings, an order in terms of Sec. 24 of the Hindu Marriage Act granting maintenance pendente lite to the wife, who was the defendant, was passed. It appears, thereafter, there were efforts to compromise the matter which failed. Ultimately the petitioner, who was the plaintiff-applicant, withdrew the suit without any objection from the respondent-wife. Thereafter, the respondent-wife brought Money Execution Case No. 156 of 2004 before the Additional Sessions Judge, Fast Track Court No. II, Begusarai. The maintainability of this execution proceeding is challenged by this revision application.

2. Having heard the learned counsel for the petitioner, I am satisfied that no illegality has been committed by the Court below in holding that the execution proceedings are valid and maintainable. Section 23A of the Hindu Marriage Act, 1955 specifically provides and gives a right to a respondent in a matrimonial suit to make counter claims and get specific reliefs under the Act to which she or he would be entitled if he or she presented a petition seeking such relief on that g

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