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2020 Supreme(All) 1289

RAKESH SRIVASTAVA
Sunita Maurya – Appellant
Versus
Principal Judge Family Court Distt. Pratapgarh – Respondent


Advocates Appeared:
For the Appellant : Sunil Kumar Singh
For the Respondent: Bajrang Bahadur Singh

JUDGMENT :

Rakesh Srivastava, J.

1. Smt. Sunita Maurya (wife), the petitioner and Anil Kumar Maurya (husband), the respondent No. 2 were married according to Hindu rites and ceremonies, at Pratapgarh, on 12.6.2003. The parties continued to peacefully live together up to 26.2.2011, after which serious differences arose between the couple. This led to the wife initiating proceedings against the husband under Section 125 Cr.P.C. (registered as Case No. 3087 of 2013). In the said proceedings, the parties entered into a compromise. As per the said compromise the respondent No. 2 paid a sum of Rs. 2,51,000/- to the petitioner, as full and final settlement towards permanent alimony.

2. In February, 2019 the petitioner filed a Divorce Petition bearing Suit No. 104 of 2019 titled Sunita Maurya v. Anil Kumar Maurya under Section 13 of the Hindu Marriage Act, 1953(sic 1955) (for short 'Act') seeking a decree of dissolution of marriage. On 6.12.2019 the said petition was got dismissed as not pressed. On 7.12.2019, the petitioner as well as the respondent No. 2 filed a joint petition under Section 13-B of the Act (Original Suit No. 1093 of 2019) before the Principal Judge, Family Court, Pratapgarh

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