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2017 Supreme(Raj) 2369

AJAY RASTOGI, DEEPAK MAHESHWARI
Anita Dharam – Appellant
Versus
Vinod Kumar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Saransh Saini
For the Respondent: Syed Saadat Ali

JUDGMENT :

1. The instant appeal is directed against the judgment & decree dt. 25.02.2010, whereby ld. Family Judge No. 1, Jaipur has allowed the petition filed on 23.04.2007 u/S. 13(1) of the Hindu Marriage Act, 1955 ('the Act of 1955') by the husband-respondent Vinod Kumar and passed the decree for dissolution of marriage which took place on 11.12.2000 between the parties. Facts in brief which are relevant for our consideration are that out of the wedlock one girl child namely Riddhima was born on 01.09.2003. The relations between the parties remained cordial for some time, but thereafter because of matrimonial discord, wife-Anita went to her maternal home and stayed there. Husband Vinod filed a petition u/S. 9 (Ex.-1) of the Act of 1955 on 11.07.2005 before the ld. District Judge, Tonk. Good senses prevailed in the parties and a compromise (Ex.-2) took place between them on 20.05.2006. The husband agreed to keep his wife peacefully and she also agreed to fulfill the matrimonial obligations as per the customs & traditions. But the compromise could not materialize and Anita had to file an application (Ex.-A/1) on 25.08.2006 seeking execution thereof. Meanwhile, because of continuat
































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