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2009 Supreme(MP) 102

ARUN MISHRA, SANJAY YADAV
MANISH NEMA – Appellant
Versus
SANDHYA NEMA – Respondent


Advocates Appeared:
HEMANT SHRIVASTAVA, Vijay Nayak,

Judgment

( 1. ) IN the present appeal preferred under Section 28 of the hindu Marriage Act, 1955 the appellant seeks quashment of judgment and decree dated 24-9-2007 passed in Civil Suit No. 55/ 2007, whereby the trial Court allowed the application preferred under Section 27 of the act of 1955 read with Order 7, Rule 7 of the code of Civil Procedure and Section 151 of cpc preferred by the respondent/plaintiff.

( 2. ) BONDING of nuptial rights to which the appellant and respondent were knotted on 16-5-2003 got separated when the marriage was declared a nullity under Section 12 (l) (c)of the Act in the proceedings initiated by the respondent when a divorce decree was passed on 12-1-2005.

( 3. ) PROMPTED by the provisions under section 27 of the Act and Order 7. Rule 7 of the Code of Civil Procedure read with Section 151, cpc the respondent instituted a suit in the Court of 1st Additional District judge Narsinghpur; claiming return of gold and silver ornaments and other articles given as gifts by her parents and relatives at the time of marriage or in alternative recovery of Rs. 1,36,875/- in lieu of 18. 25 Tola gold ornaments, Rs. 11,220/- in lieu of silver ornaments and Rs. 58. 569 i













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