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2018 Supreme(Raj) 1399

MOHAMMAD RAFIQ, GOVERDHAN BARDHAR
Rinki Devi – Appellant
Versus
Santosh Kumar Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : B.M. Sharma
For the Respondent: Sandeep Sharma

JUDGMENT :

MOHAMMAD RAFIQ, J.

1. Challenge in the instant civil misc. appeal has been 5 made to the order dated 20.01.2015 whereby the learned Judge, Family Court, Alwar (Rajasthan) dismissed the application filed by the appellant under Section 24 of the Hindu Marriage Act, 1955.

2. Learned counsel appearing for the appellant has contended that the learned Family Court while passing the impugned order has erred in not 10 considering the facts that the appellant is having two children; one boy Khush Vyas, aged 9 years and another girl Kashish @ Mamta aged 11 years and both are living with the present appellant. The boy Khush Vyas is studying in Vllth standard and the girl Kashish @ Mamta is studying in Vlth standard. The appellant is having no source of income as she is living separately from her 15 husband (respondent herein). The respondent (husband) is working on the post of LDC in the Court and getting Rs.25,000/- p.m. as salary. There is every likelihood that hearing of the divorce petition may take considerable time. Learned counsel further contended that in the case of Virendra Kumar v. Smt. Santosh Devi, AIR 1988 Raj. 128, it has been observed that “earlier 20 decision under Se




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