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2004 Supreme(P&H) 721

M.M.KUMAR
Gaurav Nagpal – Appellant
Versus
Sumedha Nagpal – Respondent


Judgment

1. This order shall dispose of Civil Revision Nos. 1794 of 2004 and 1795 of 2004. These petitions have been filed under Art. 227 of the Constitution and can aptly be described as an illustration of Kilkenny cats fight. In the first petition, the subject-matter of challenge is order dated 26-3-2004 passed by the learned District Judge, Gurgaon dismissing an application of the husband-petitioner for striking off pleadings from the petition filed by the wife-respondent, which are not relatable to the issues as this Court had already ordered certain issues to be deleted by its order dated 8-8-2003 passed in C.M.No. 13104-CII of 2003 in Civil Revision No. 2471 of 2003. In the second petition, challenge is to the order dated 12-2-2004 passed by the learned District Judge, Gurgaon on a prayer made by the wife-respondent for examination of a witness to prove that husband-petitioner has no time to spare for the child. The learned District Judge has disposed of the application by holding that both the parties were entitled to adduce evidence on the point of availability of time for the child.

2. Brief facts of the case necessary for deciding the controversy raised in the instant peti





























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