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2017 Supreme(Raj) 275

MOHAMMAD RAFIQ
Rashmi Saxena Wife of Shri Naveen Saxena – Appellant
Versus
Suresh Prakash Saxena S/o Shri Panna Lal Saxena – Respondent


Advocates Appeared:
For the Petitioners: Dr. Mahesh Sharma
For the Respondents: Mr. Anoop Pareek

Order :

1. This writ petition has been filed by Smt. Rashmi Saxena, who happens to be daughter-in-law of respondent Suresh Prakash Saxena, praying for setting aside order dated 26.11.2015 passed by the court of Sub Divisional Officer, Jaipur-Second (Sanganer), Jaipur, as also order dated 10.10.2016 passed by the court of District Collector & District Magistrate, Jaipur, with further prayer that respondent be directed not to create any hindrance in the staying of the petitioner in the matrimonial home.

2. Learned counsel for petitioner contended that marriage of the petitioner was solemnized with Mr. Navin Saxena on 23.01.2007, who is son of respondent Suresh Prakash Saxena. The petitioner, since then, was living with her husband, father-in-law, mother-in-law and mother-in-law at BB-39, Jai Ambey Nagar, Tonk Road, Jaipur. Allegation of the petitioner is that her husband obtained fraudulently consent for divorce under Section 13B of the Hindu Marriage Act, 1955 (for short, ‘the Act of 1955’), which the petitioner revoked during pendency of proceedings before the Family Court. Even then, the learned Judge, Family Court No.2, Jaipur, passed illegal judgment and decree dated 26.10.2013. P






















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