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1974 Supreme(Raj) 74

BERI, GUPTA
Priti Parihar – Appellant
Versus
Kailash Singh – Respondent


Advocates Appeared:
M C. Bhoot, for Appellant; V.S. Dave, for Caveater

BERI, C.J.—This is a special appeal u/s 18 of the Rajasthan High Court Ordinance, 1949 directed against the order of a learned Single Judge of this Court dated 13-3-1974, in a matrimonial matter. The husband has instituted a petition for Judicial separation on the ground of desertion and cruelty. After a protracted contest in the Court of the learned District Judge as well as in this Court several issues were framed out of which two are material for the purposes of this appeal. These are issues read:

"4. Whether the petition discloses a cause of section for judicial separation?

5. Whether the petition is not in proper form as provided in the Hindu Marriage Act and the rules made there under and if so, to what effect?"

The learned District Judge heard the learned counsel for the parties and by a detailed order dated January 1, 1974 decided both the issues against the wife Dis-satisfied, she came to this Court and the learned Single Judge by his order dated March 13, 1974 dismissed the appeal summarily.

2. Learned counsel for the appellant urges that as required by rule 801 E (f) of the Rajasthan High Court Rules, 1952 the necessary particulars for the matrimonial offences have not been













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