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1999 Supreme(All) 1719

LAKSHMI BIHARI, B.K.ROY
DEEPIKA ALIAS BABY – Appellant
Versus
NARESH CHANDRA SINGHANIA – Respondent


Advocates Appeared:
AMIT KUMAR, R.C.SRIVASTAV, SANDIP SAXENA, SUNIL AMBAVANI


( 1 ) AS both these Appeals involved common questions of law and facts and which were placed and heard together, hence are being disposed of by this common judgment.

( 2 ) BOTH these appeals have been filed by the wife, against the common judgment and decree dated 10-3-1998 passed by the learned Family Judge, Meerut decreeing Suit No. 808 of 1993 filed by the respondent-husband for divorce under Section 13 of the Hindu Marriage Act and dismissing Suit No. 530 of 1993 filed by the wife under Section 9 of the said Act for restitution of conjugal rights.

( 3 ) SUIT No. 808 of 1993 filed by the respondent-husband was transferred vide order dated 17-10-1995 passed by this Court in Civil Misc. Transfer Application No. 155 of 1995, to the Family Court at Meerut to be tried and heard along with suit No. 530 of 1993, Smt. Deepika v. Naresh Chand Singhania, and the Family Court was directed to dispose of the proceedings expeditiously perfectly within a period of four months from the date of receipt of the record of Ghaziabad. On 4-7-1996, the Family Court consolidated both suits, as common questions were involved and the parties were the same. Suit No. 808 of 1993 was made the leading case.




























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