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2011 Supreme(Raj) 1494

ARUN MISHRA, NARENDRA KUMAR JAIN
Kamlesh alias Kamla – Appellant
Versus
Mukesh Yadav – Respondent


Advocates Appeared:
For the Appellant :Mr. Manu Bhargava, Advocate.
For the Respondent:Mr. Akhil Simlote, Advocate.

JUDGMENT :

Heard.

1. The appeal has been preferred as against the order dated 08.04.2011 passed by the Family Court No.1, Jaipur, rejecting the application under Order 9 Rule 13 of the Code of Civil Procedure.

2. Facts, in short, are that respondent/husband Mukesh Yadav filed an application under Section 13 of the Hindu Marriage Act for divorce against appellant/wife on the ground of cruelty and as she was siding separately since April, 2002 without any reasonable cause. The husband was beaten up by the wife and he and his family members were insulted and abused. It was the usual act of the wife to commit the aforesaid acts. The wife was residing separately with effect from April, 2002, whereas marriage was performed on 27.02.2001. The case was presented before the Family Court on 09.09.2009, on which date the Court ordered to issue process. On next date i.e. 09.12.2009, notice was not received back, as such, the Court ordered issuance of fresh notice and fixed the next date as 10.03.2010. On 10.03.2010, the Court has drawn the order-sheet that service has been effected by affixture, which was considered to he sufficient and fixed the next date as 28.04.2010. On 28.04.2010, the Court













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