Radheshyam vs Foranti - 2020 Supreme(Raj) 806

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Raj) 806

GOVERDHAN BARDHAR
Radheshyam – Appellant
Versus
Foranti – Respondent

Advocates appeared:
Mr. Rahul Tiwari, for the Appellant; Mr. Kapil Gupta, for the Respondent.

JUDGMENT

1. Heard learned counsel for the parties.

2. By filing instant criminal revision under section 397 read with section 401 Cr.P.C. the petitioner has prayed to quash and set aside the order dated 30.01.2019 passed by the Court of Addl. Sessions Judge (Special Court), Sawaimadhopur in criminal appeal No. 22/2018 (36/2018) whereby the appellate court while dismissing the appeal, maintained the judgment dated 23.02.2018 passed by the Court of Civil Judge & Judicial Magistrate, Bonli, District Sawai Madhopur.

3. Learned counsel for the petitioner argued that the courts below while passing the impugned orders failed to consider that the respondent herself treated cruelty with the petitioner and his family members and the respondent herself did not want to live with the petitioner. Therefore, the petitioner filed a suit for declaration of marriage as null and void. Vide judgment and decree dated 9.09.2008, the learned court below decreed the suit against the respondent and dissolved the marriage between them. In appeal the aforesaid judgment was quashed and set aside and the matter was remanded to the trial court for deciding the matter afresh by providing opportunity to the responde

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