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2018 Supreme(MP) 698

SANJAY YADAV, ASHOK KUMAR JOSHI
Rachna Bai – Appellant
Versus
Rajesh Kumar Mahore (Kori) – Respondent


Advocates:
Purushottam Rai for appellant; R.K. Soni for respondent.

ORDER

1. Present appeal, under section 19 of the Family Courts Act, is directed against the judgment and decree dated 13.5.2015 passed by the Principal Judge, Family Court, Ashok Nagar (M.P.) in Case No. 40A/2015 HMA whereby the suit filed by the respondent/husband under Section 13 of the Hindu Marriage Act, 1955, has been decreed.

2. One of the grounds raised by the appellant is that the suit has been decreed during the period when the proceeding of said suit was stayed by this Court by order dated 3.7.2013 passed in MCC No. 142/2013.

3. It is borne out from the record and not disputed by the parties that during the pendency of the case before the Family Court, the appellant filed an application under Section 24 of the Code of Civil Procedure, 1908, for transfer of the case from the Court of District Judge Ashok Nagar to Family Court, Gwalior (M.P.) wherein by order dated 3.7.2013 interim order to the following extent was passed :

“Meanwhile till the next date of hearing, no adverse inference would be drawn or no adverse order would be made against the petitioner wife for her non appearance in Case No. 21-A/2013 HMA, Rajesh v. Smt. Rachna pending before the District Judge, Ashok Naga









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