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2005 Supreme(Guj) 44

J.N.PATEL
SUDHA KAUSHIK @ SUDA SHARMA – Appellant
Versus
UMESH PRASAD KAUSHIK S/o. JAGDISH P. KAUSHIK – Respondent


Advocates Appeared: HARSHAD A.DAVE

J. N. PATEL, J.

( 1 ) THE short facts of the case are that the petitioner is the wife and the respondent is the husband. The respondent filed petition for divorce being H. M. Petition No. 203/2001 in the Court of Civil Judge, vadodara under Section 13 of the Hindu Marriage Act (hereinafter referred to as the "act" ). It appears that in respect to the summons issued by the Civil Court at vadodara, the petitioner filed application for the preliminary issue on the question of jurisdiction being application Ex. 10 praying to decide the preliminary issue as to whether the Court has jurisdiction to entertain the divorce petition filed by the applicant therein. The respondent hrein who was the applicant in the petition filed a reply and ultimately the learned Judge trying the petition dismissed the application of the petitioner herein as per the order dated 24. 4. 2002 and the petitioner has approached this Court by preferring this petition challenging the said order passed by the learned civil Judge. It also appears that the petitioner after the order passed by the learned Judge on 24. 4. 2002 had approached the Apex Court by preferring Transfer Petition no. 710/2002 and the said petition













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