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2018 Supreme(Raj) 1550

SANJEEV PRAKASH SHARMA
Shobha Tomar – Appellant
Versus
B. S. Tomar – Respondent


Advocates Appeared:
For the Appellant :Mr. Shashank Sharma, Advocate.
For the Respondent:Mr. Achintya Kaushik, Advocate.

JUDGMENT :

1. The Writ petition challenges the order dated 10.01.2018 whereby the application moved by the petitioner under Section 23(1)(b) of the Hindu Marriage Act read with Order VII Rule 11 CPC has been rejected by the Family Court, Judge.

2. Counsel for the petitioner submits that in view of the provisions contained under Section 23(1)(b), and in view of the compromise arrived at between the parties after filing of the divorce petition which was revoked later on. Proceedings thereafter could not be entertained. on ground of cruelty as h would be deemed to have been condoned. Hence there was no cause of action remaining with the Court to continue with the proceedings. Learned counsel submits that Code of Civil Procedure Code shall apply to the Family Court proceedings. He has also taken this Court to the documents which were placed along with an application to' show that an affidavit has been filed by the respondent with regard to compromise and secondly with regard to the affairs of the trust and the relations between two parties. Learned counsel submits that the dispute arising between the parties in the matters relating to trust, as trustees cannot be taken to be sufficient f

















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