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2023 Supreme(Raj) 393

PUSHPENDRA SINGH BHATI
Deepak Soni S/o Sh. Ramesh Chandra Soni – Appellant
Versus
Anamika W/o Sh. Deepak Soni, D/o Bhagwati Lal Ji Soni – Respondent


JUDGMENT :

1. This writ petition has been preferred claiming the following reliefs:

    “It is, therefore, most respectfully prayed on behalf of petitioner that the writ petition may kindly be allowed and by an appropriate writ, order or direction:-

I. the order dated 15.11.2022 (Annexure-6) passed by the learned Family Court No.1, Udaipur in case no.757/2019 may kindly be set aside and the application (Annexure-2) filed by the petitioner under Order 6 Rule 17 read with Section 151 CPC may kindly be allowed in toto;

II. Any other appropriate order or direction, which this Hon’ble Court considers just and proper in the facts and circumstances of this case, may kindly be passed in favour of the petitioner.

III. Costs of the writ petition may kindly be awarded to the petitioner.”

2. Brief facts of the case as placed before this Court by Dr.Sachin Acharya, learned Senior Counsel assisted by Mr. Jitendra Choudhary, appearing on behalf of the petitioner-husband, are that the petitioner-husband filed an application (registered as Case no.83/2019) under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘Act of 1955’), seeking a divorce decree, before the learned Family Court, B

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