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2001 Supreme(MP) 620

A.K.GOHIL
Pratiksha – Appellant
Versus
Pravin – Respondent


Advocates Appeared:
Achla Joshi, R.C.Mehra, S.K.Pawnekar,

Judgment

( 1. ) THE appellant/wife, who is defendant in a divorce petition filed by the respondent/husband under Section 13 (1) (a) of the Hindu Marriage Act, has filed this Misc. Appeal under Order XLIII Rule 1 of the Code of Civil Procedure (for short "the Code") against the order dated 27-7-1998 passed by IXth Additional District Judge, Indore in Hindu Marriage Case No. 258 of 1998 granting an injunction against the appellant/wife restraining her not to enter forcibly into the house of the respondent/husband.

( 2. ) THE facts giving rise to this appeal are that the respondent/husband filed a divorce petition under Section 13 (1) (a) of the Hindu Marriage Act against the appellant/wife on the ground of cruelty. Alongwith this petition, respondent/husband has also filed an application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code praying therein that appellant/wife be restrained not to forcibly enter into the house of the respondent/husband because the appellant/wife has threatened to the respondent/husband to commit suicide and the submission of the husband in the application was that on 28th March, 1998 she has finally left the house of the respondent/husband a
















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