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1993 Supreme(Raj) 726

MOHINI KAPUR
Padmja Sharma – Appellant
Versus
Ratan Lal – Respondent


Advocates:
For the Petitioner:Mr. N. K. Joshi, Advocate.
For the Respondent:Mr. Virendra Bandhu, Advocate.

JUDGMENT

1. :- This writ petition is directed against the order dated 9th November, 1992 passed by the learned Judge, Family Court Jaipur rejecting petitioner's application dated 24th September, 1992 moved under Order 14 Rule 5 Civil Procedure Code in a divorce petition filed by the petitioner under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 1955 Act'). For the disposal of this writ petition, it is not necessary to go into the grounds on which the divorce petition has been moved.

2. The petitioner in the case moved an application under Order 14 Rule 5 C.P C. with a prayer that under Section 7(1)(c) of the Family Courts' Act 1984 an issue be framed with respect to the property of the parties so that there may be a decision for the return of this property to the petitioner. However, this prayer was refused by order dated 9th June, 1992 of the Judge Family Court, Ajmer, where the petition was pending at that time. She preferred an appeal before this Court and the same was dismissed on 5th August, 1992 holding that the impugned order was an interlocutory order and the appeal was not maintainable. However, an observation was made that the petitioner should
















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