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2023 Supreme(All) 177

CHANDRA KUMAR RAI
Sarnam Singh Lekhpal Chakbandi – Appellant
Versus
Preetam Kumari – Respondent


Advocates Appeared:
For the Appellant : Mr. Manoj Kumar Sharmam, Smt. Krishna Singh.
For the Respondents: Mr. Manoj Kumar Gupta, Mr. Mahesh Narain Singh.

JUDGMENT :

(Chandra Kumar Rai, J.)

1. Heard Mr. Manoj Kumar Sharma and Smt. Krishna Singh, learned counsel for the appellant and Mr. Manoj Kumar Gupta, Advocate, holding brief of Mr. Mahesh Narain Singh, learned counsel for defendant-respondent no.1.

2. The instant second appeal has been filed against the part of the judgment and decree dated 17.10.2015, by which the permanent alimony has been granted to defendant/respondent no.1 (Preetam Kumari) against plaintiff-appellant (Sarnam Singh) in Civil Appeal No. 44/2010 and Civil Appeal No.45/2010, decided by a common judgment arising out of Original Suit No.257/1997.

3. Original Suit No.257/1997 has been filed by plaintiff-appellant (Sarnam Singh) for declaring the marriage as void and ineffective. Original Suit No.213 of 2003 was filed under Section 9 of the Hindu Marriage Act by defendant respondent no.1 (Preetam Kumari) for restitution of conjugal rights.

4. Plaint case of O.S. No.257 of 1997 in brief is that talk of marriage between the

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