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2002 Supreme(Raj) 1012

ARUN KUMAR, P.C.TATIA
Suman – Appellant
Versus
Surendra Kumar – Respondent


Advocates Appeared:
M.L. Kala, for Petitioner Haider Aga, for Respondent

Honble KUMAR, CJ.–This review petition has been filed seeking review of the order dated 2.12.1999 whereby an appeal field by the applicant against the decision of the Family Court rejecting an application under Section 13B of the Hindu Marriage Act (in short, referred to hereinafter as `the Act) was dismissed. After hearing counsel for the parties, the review application is allowed. The impugned judgment of this Court which is sought to be reviewed, in our view, suffers from an error apparent on the face of the record and, therefore, the review application is allowed.

(2). We have heard learned counsel for the parties on merit.

(3). Briefly, the facts are that a marriage was solemnised between the parties at Jodhpur on 24.05.1995. Soon thereafter differences arose between the parties and they started living separately. We need not go into further details of the dispute. On 15.1.1999, the parties filed a joint petition under Section 13B of the Act for obtaining a decree of divorce with mutual consent in the family Court at Jodhpur. The Family Court recorded statements of the parties as per the procedure and fixed a date for appearance of the parties which was six months later. On the







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