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2021 Supreme(MP) 703

SUJOY PAUL, PRANAY VERMA
Usha W/o Hukumsingh Shekhawat – Appellant
Versus
Hukumsingh S/o Arjunsingh Shekhawat – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri Rishi Agrawal
For the Respondent: Shri Harish Tripathi

JUDGMENT :

1. Though the appeal was listed for hearing on the question of admission and consideration of pending applications, but with the consent of the parties the same has been finally heard.

2. This appeal has been preferred by the appellant/applicant under Section 19 of the Family Courts Act, 1984 being aggrieved by the judgment dated 04.07.2017 passed in Hindu Marriage Act Case No.268-A/2014 by the Principal Judge, Family Court, District Ratlam; whereby an application under Section 25 of the Hindu Marriage Act, 1955 preferred by her has been dismissed.

3. The facts of the case show that the parties had been married in the year 1980 according to Hindu rites and ceremonies. Thereafter on account of disputes having arisen between them started residing separately. A petition under Section 13 of the Act, 1955 filed by the respondent for grant of divorce was decreed ex parte by the Family Court, Jaipur by judgment dated 25.08.1993. A petition under Section 9 read with Section 25 of the Act, 1955 filed by the appellant was allowed by the Ist Additional District Judge, District Ratlam by judgment dated 29.01.2004 directing for restitution of conjugal rights of the petitioner and awardi

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