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2001 Supreme(Del) 59

S.K.MAHAJAN
RENU DHINGRA – Appellant
Versus
VIJAY DHINGRA – Respondent


Advocates Appeared:
C.M.CHOPRA, GITA LUTHRA

S. K. Mahajan

( 1 ) WITH the consent of the parties, I have heard arguments in this case and the petition is being disposed of finally.

( 2 ) THE respondents filed a petition being HMA 574/97 for the grant of decree of judicial separation on the ground that the petitioner had treated him with cruelty. That petition is being contested by the petitioner. The petitioner also filed a suit as an indigent person in this Court under the Provisions of Hindu Adoption of maintenance Act for the grant of separate residence and maintenance to her and the children. The petition for the grant of maintenance was filed subsequent to the petition seeking decree of judicial separation filed by the respondent. While the petition for grant of decree of judicial separation is pending in the Court of the additional District Judge, the suit for maintenance under the Hindu Adoption and maintenance Act is pending in this Court.

( 3 ) THE petitioner filed an application under Section 10 read with Section 151, civil Procedure code in the Court of the Additional District Judge in HMA Case No. 574/97 for stay of those proceedings till the decision other petition being IPA 15/97pending in this court. The content





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