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2018 Supreme(MP) 788

SANJAY YADAV, VIVEK AGARWAL
Rakhi Shukla – Appellant
Versus
Manoj Shukla – Respondent


Advocates:
Advocate Appeared
Abhishek Bindal for appellant; Arun Sharma for respondent.

ORDER

1. Parties have jointly filed an application (I.A.No.5425/2018) under section 13(B) of the Hindu Marriage Act, 1955.

2. They have decided that they have been litigating in the Family Court since 2011 when present appellant had filed an application on 1.7.2011 seeking divorce under section 13(1)(ia) of the Hindu Marriage Act and on the hand respondent had filed a case on 14.2.2012 seeking restitution of conjugal rights under section 9 of the Hindu Marriage Act. Vide judgment dated 15.7.2016 application under section 13(1)(ia) seeking divorce on the ground of cruelty was dismissed, whereas application filed by the respondent under section 9 was allowed and present appellant was directed to live with her husband for restitution of conjugal rights and respondent in this appeal was directed to maintain dignity and honour of his wife and further fulfill requirements of his wife and daughter.

3. Now by filing such a mutual application for divorce under section 13(B) a decree of divorce has been sought on the ground that they are staying separately for last eight years and there has been no relationship of husband and wife, and therefore, in the light of the law laid down in the case of



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