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1976 Supreme(P&H) 174

O.CHHINNAPPA REDDY, BHOPINDER SINGH DHILLON, HARBANS LAL
Bimla Devi D/o Bakhtawar Singh – Appellant
Versus
Singh Raj S/o Dasondhi Ram – Respondent


Judgment

BHOPINDER SINGH DHILLON, J.

1. This F.A.O. was admitted to a Full Bench by the Motion Bench as the correctness of the judgment of a Division Bench in Chaman Lal V/s. Mohinder Devi, 1971 0 PunjLR 104 was being questioned. This is how this appeal has been laid before us.

2. The necessary facts giving rise to this appeal may thus be stated:

Singh Raj respondent was married to Smt. Bimla Devi at village Bhareri Khurd, Tehsil Naraingarh, District Ambala, on 8th November, 1968. After the marriage, the wife stayed with her husband only for one day in village Surakhpur, Tehsil Thanesar, District Karnal, and then returned to her parents house. According to the wife-appellant, the marriage was solemnised between her and the respondent on account of the fraud practised by the respondent and his father on her parents. The appellant filed a petition under S. 12 of the Hindu Marriage Act, 1955 , (hereinafter called the Act) on 3rd June, 1969, which was dismissed by the learned District Judge, Ambala, on 2nd May, 1970. Singh Raj respondent filed a petition for restitution of conjugal rights on the ground that the wife withdrew from his society without reasonable cause. In reply, the wife



















































































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