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1984 Supreme(All) 521

K.C.DHULIYA
KRISHNA DEVI – Appellant
Versus
ADDL. CIVIL JUDGE, BIJNOR – Respondent


Advocates Appeared:
P.N.Saxena, R.H.Zaidi

K. C. DHULIYA, J.


( 1 ) BY means of this Writ Petition, the petitioner has sought a prayer for quashing the order Dt. 1st May, 1984 (Annexure-III to the writ petition), passed by Addl. Civil Judge, Bijnor, in Matrimonial Suit No. 213 of 1982.

( 2 ) THE facts in brief are that the parties were married according to Hindu religious rites on 13th Feb. , 1977. A petition under S. 9, Hindu Marriage Act (in short the Act) was filed on 28th Sept. , 1982 by the husband, Dr. Susheel Kumar Sharma (Respondent 2 ). It is alleged in the petition that the petitioner, Smt. Krishna Devi, left her home on 29th July, 1977, without any reason and since then she is living at the residence of her parents. Respondent 2 who has filed the Matrimonial Suit before the Trial Court, has stated that he has made all the efforts to bring her back to his house, but was not successful. In the petition for restoration of conjugal rights no impalatable allegations are made against the petitioner by the respondent. The petitioner, so far did not file any written statement. The conduct of both the parties, till this day, does not seem to be such, which may create an obstacle on the way of reconciliation. The petitioner











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