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2017 Supreme(Raj) 374

DINESH MEHTA
Vinita w/o Shri. Himanshu Agarwal – Appellant
Versus
Himanshu s/o Shri Bhanwar Lalji Agarwal – Respondent


Advocates Appeared:
For the Petitioner: Mr. Sandeep Saruparia
For the Respondent: Mr. Abhinav Jain

JUDGMENT :

1. Avoiding the unwarranted details, the facts germane to the adjudication of the present Transfer Application in a nutshell are that the marriage of petitioner Smt Vinita and respondent Himanshu was solemnized on 01st May 2004 at Pindwara, District Sirohi.

2. Two children, namely Krishna Gopal and Govind Gopal, born out of their wedlock. Getting along for some time, there arose some differences and disputes between the two, due to which the petitioner has been allegedly scooped out of the house by respondent. Petitioner, thus, started living with her paternal aunt (Bhua) at Gangapur, Bhilwara.

3. Faced with such situation, petitioner filed an application under Section 13 of the Hindu Marriage Act, 1955 {herein after ‘the Act of 1955’} on 08.04.2013 in Family Court, Bhilwara, seeking dissolution of the marriage.

4. The petitioner also lodged an FIR under Sections 498A, 406, 323 and 452 of the Indian Penal Code, being aggrieved of the demand of dowry and cruelty meted to her by the respondenthusband. The investigation in the FIR and the proceedings in aforesaid application under sec.13 of the Act of 1955, filed by the petitioner, are continuing by the competent courts at Bhil














































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