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2006 Supreme(P&H) 3283

SURYA KANT
Subhash Chander Rohila – Appellant
Versus
Asha – Respondent


Judgment

, J.

1. This appeal has been preferred against the order dated 13th August, 1995 passed by the learned Additional District Judge, Rohtak, whereby, upon an application under Sec.27 of the Hindu Marriage Act, 1955 (hereinafter referred to as `the Act), the appellant has been directed to return ornaments and cash, valuing Rs.80,000/- to the respondent-wife.

2. The brief resume of the facts is that the appellant and respondent got married on 20th November, 1988. However, on account of matrimonial discord, the respondent-wife filed a petition under Sec.13 of the Act for dissolution of their marriage. In the said petition, the appellant-husband was proceeded against ex-parte and a decree of divorce dated 14th February, 1992 was granted in favour of the respondent-wife. Vide the same judgment and order, petition under Sec.27 of the Act was also decided and the appellant was directed to pay a sum of Rs.1,35,413.40 to the respondent-wife towards the value of the articles retained by him. The appellant moved an application under Order 9 Rule 13 of the Code of Civil Procedure for setting aside the afore-stated ex-parte judgment and decree. The learned Additional District Judge, Rohtak






















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