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1972 Supreme(All) 211

T.S.MISRA
Raghunath Prasad – Appellant
Versus
Urmila Devi – Respondent


Advocates:
T.P. Singh and S.M.K. Chaudhary, for Applicant; G.P. Bhargava and A.N. Bhargava, for Opposite Party.

ORDER :- This revisional application is directed against the order dated 29-10-1971 passed by the learned District Judge, Varanasi in the case No. 2 of 1971 which has been filed by the applicant claiming a decree against the Opposite Party No. 1 for restitution of conjugal rights.

2. On 14th April, 1971, the applicant filed an application before the court below praying that the Opposite Party No. 1 be directed to produce herself for reconciliation and to produce herself before the lady Doctor of Civil Hospital, Varanasi for her medical examination. The Opposite Party No. 1 filed an objection to the said application on 15-5-1971. She alleged inter alia that as there had been "chhuttam chutta" (perhaps meaning thereby 'divorce') between the parties the applicant was not entitled to have the medical examination of the Opposite Party No. 1. It was, however, not alleged in her aforesaid objection that she would not appear before the Court in connection with the proposed reconciliation proceedings. On 23-7-1971 the learned District Judge after hearing the counsel for the parties directed the applicant and the Opposite Party No. 1 to be present in person on the next date of hearing which w











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