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2010 Supreme(All) 216

RAJIV SHARMA, SATISH CHANDRA
POORNIMA MISRA – Appellant
Versus
SUNIL MISRA – Respondent


Advocates:
Counsel :
Manish Kumar for the Petitioner; Manoj Kumar Dubey, Deena Nath Misra and Vivek Kumar Pandey for the Respondents.

JUDGMENT

By the Court.—Heard learned Counsel for the parties.

2. These appeals have been preferred by the appellant against the order dated 6.1.2009 whereby the application filed by the appellant under Section 9 of the Hindu Marriage Act (in short it has been referred to as ‘Act’) was rejected and the Suit of the respondent-plaintiff under Section 13 of the Act was decreed.

3. In short, the facts, as comes out from the record, are that the marriage of Smt. Poornima Misra was solemnized with Sunil Misra (respondent) on 29.1.2001 according to Hindu Vedic Rites at Lucknow. After the marriage, the wife performed all marital obligation as wife and gave due respect to the in-laws. In the marriage, the appellant’s father gave valuable gifts and jewellery including one Maruti Car. But their in-laws were demanding more dowry and started ill-treating the appellant. On account of the maltreatment of in-laws, the appellant was compelled to leave her matrimonial house. When the appellant was living with her parents, the husband filed a Suit under Section 9 of the Act for restitution of conjugal rights. After expiry of one year, the said Suit was withdrawn and a petition for divorce under Section































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