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1968 Supreme(Del) 196

HARDAYAL HARDY
RAM KALI – Appellant
Versus
SAME SINGH – Respondent


Hardayal Hardy

( 1 ) THE appellant in both these appeals is the wife of the respondent against whom a decree for restitution of conjugal rights has been passed by Shri Sagar Chand Jain, Subordinate Judge 1st Class, Delhi on an application filed by her husband under section 9 of the Hindu Marriage Act, 1955. By the same order the wife s application for judicial separation under section 10 of the Act has been dismissed. The appellant being aggrieved by the order made by the learned Subordinate Judge has filed two separate appeals, one against the decree for restitution of conjugal rights passed against her and other against the dismissal of her application for judicial separation. Although two separate decrees have been framed by the trial court a. nd also two separate appeals have been filed against them, the order in both the cases being common, both the appeals have been heard together.

( 2 ) THE parties are Hindus by religion and were married at village Kerala, Delhi in the year 1958 in accordance with Hindu rites. They lived together for a few months only and thereafter according to the allegations of the husband, who will hereafter be REFERRED TO as I respondent, the wife who wi














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