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1965 Supreme(P&H) 95

MEHAR SINGH
Sarla Sharma – Appellant
Versus
Shankuntala – Respondent


Judgment

Mehar Singh, J.

1. This judgment will dispose of two Civil Revision Applications Nos. 132-D and 133-D of 1965 from two separate orders of the Additional District Judge of Delhi, made on March 5. 1965, in a petition for divorce under Section 13 of the Hindu Marriage Act, 1955 (Act 25 of 1955), by Shakuntla respondent 1 against her husband D. K. Syal respondent 2 in both the revision applications. The revision applications are by Sarla Sharma, who is named in the divorce petition as a co-respondent, with whom the husband of respondent 1 is alleged to have committed adultery, which is ground for the divorce sought by respondent 1 from respondent 2. Respondent 1 has in the divorce petition made the applicant Sarla Sharma a respondent, or she may, for the sake of clarity, be described as co-respondent, along with her husband.

2. An application was moved in the divorce petition on behalf of respondent 1 under Rule 4 of Order 14 of the Code of Civil Procedure for the examination of the applicant before the settlement of the issue on the ground that without such examination proper issue could not be settled. It appears that on that the applicant moved an application under Order I,









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