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1985 Supreme(Del) 62

D.R.KHANNA
SANTOSH KUMARI – Appellant
Versus
KEWAL KRISHAN – Respondent


Advocates Appeared:
L.Bhatia, Uma Datta, USHA KUMARI, Virender Mehta

D. R. Khanna

( 1 ) MAINTENANCE, husband takes the wife to his home but no cohalitation occurs the taking her to defeat maintenance right), then husband s right to seek divorce on the plea of no cohabitation may be refused on the ground of lack of bona fides. Provision of S. 9 may be abused and wife should guard herself against ill-conceived and reckless legal advice. Conjugal right explained id park 6. Before considering the merits of this appeal moved by Santosh Kumari against the grant of a decree of divorce against her, reference may be made to C. M. No. 5135 which she has moved u/s 5 of the Limitation Act for condonation of delay in filing the certified copy of the impugned judgment. The appeal itself was filed on 31. 5. 1984 on the basis of an uncertified copy, and the Court allowed her to do so subject to her filing the certified copy within time. This certified copy was filed on 30. 11. 1984, and there has been a delay of over 100 days, Along with this application, two affidavits have been filed; one of Santosh Kumari and the other of a clerk of Mrs. Usha Kumar, Advocate, who had filed this appeal. They show that the certified copy was, in fact, applied for within time, and w















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