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1995 Supreme(HP) 93

S.N.PHUKAN, ARUN KUMAR GOEL
Rachan Kaur – Appellant
Versus
Bhag Singh – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: H.K. Bhardwaj, Adv.
For Respondents/Defendant: K.D. Batish, Adv.

JUDGMENT

Arun Kumar Goel, J.

1. Facts giving rise to this appeal, most of which are not in dispute, are that marriage between the parties was solemnised on 11th May, 1983 at Una as per Hindu customs and the parties lived as husband and wife till 1984. From this wed-lock, a female child was born on 14th July, 1984, who is living with the appellant-wife, Smt. Rachan Kaur. Further facts on which the parties are not at variance are that when the marriage had taken place, the respondent- husband, Bhag Singh was employed in Assam and thereafter at Orissa. It is further also not in dispute that in an earlier matrimonial lis filed by the appellant-wife, Smt. Rachan Kaur against the respondent-husband, Bhag Singh under Section 9 of the Hindu Marriage Act vide Case No. 1 of 1988, titled as Smt. Rachan Kaur v. Bhag Singh, learned Senior Sub-Judge, Una vide his judgment and decree dated 18th November, 1989 passed a decree for restitution of conjugal rights and a copy of this judgment and decree is placed on the file of the present case, as Ext. PA.

2. After the passing of the decree aforesaid vide Ext. PA, the respondent- husband filed the present petition under Section 13(1-A)(ii) of the Hindu






















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