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1980 Supreme(P&H) 189

M.M.PUNCHHI
Surinder Kaur – Appellant
Versus
Madan Gopal Singh – Respondent


JudgmentJudgment

1. This first appeal involves the problem of salvage of a broken marriage. To what extent can the matrimonial Court indulge in the rescue operation and the sphere of its activity is the point of a combat between the warning divorced spouses involving disposal of property.

2. Shrimati Surinder Kaur appellant was married to Madan Gopal Singh respondent at Chandigarh on 14-4-1973. On 5-11-1974, she was in the first matrimonial Court claiming judicial separation from her husband on the basis of cruelty meted out to her by the husband. The husband beforehand on 16-7-1974 had come to the first matrimonial Court claiming restitution of conjugal rights said to have been disrupted on 30-8-1973 by the withdrawal of the wife from his society. During the pendency of the aforesaid two matters, the wife filed an application under Section 27 of the Hindu Marriage Act (hereinafter briefly referred to as the Act) on 9-1-1975 for disposal of the property enumerated in Annexures- A and B appended therewith. This application was also kept pending with the aforesaid two matters. The husband with the permission of the Court obtained withdrawal of the petition under Section 9 of the Act i





























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