Full Judgment Text
Non-Reportable
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO.201 OF 2016
(arising out of S.L.P.(Civil) No.14843 of 2009)
JYOTI SHARMA ... APPELLANT(S)
VS.
RAJINDER KUMAR SHARMA ... RESPONDENT(S)
J U D G M E N T
Anil R.Dave, J.
1. Leave granted.
2. Heard the learned counsel.
3. The impugned order is set aside.
4. It has been submitted that proceedings under
Section 13 of the Hindu Marriage Act in File No.79/02
JUDGMENT
were pending in the Court of Additional District Judge,
Matrimonial Cases, Jammu and the said proceedings had
been withdrawn by the respondent-husband. The said
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proceedings have come to an end by an order dated 20
February, 2004.
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5. The said order dated 20 February, 2004 is set
aside and it is directed that the said proceedings shall
be revived and restored to its original number. The
Court of Additional District Judge shall proceed further
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with the said case in accordance with law and decide the
same afresh within one year from the date of receipt of
this order.
6. Parties shall appear before the Court of Additional
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District Judge, Matrimonial Cases, Jammu on 15 February,
2016.
7. The petitioner shall file the written statement in
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the said proceedings before 22 February, 2016. Learned
counsel for the parties appearing before the Court of
Additional District Judge shall extend their cooperation
for early disposal of the matter as directed by this
court.
8. A copy of this order shall be forwarded to the
learend Additional District Judge, Matrimonial Cases,
Jammu by the Registry of this Court.
9. In view of the above, the appeal is disposed of as
allowed with no order as to costs.
JUDGMENT
..............J.
[ANIL R. DAVE]
..................J.
[ADARSH KUMAR GOEL]
New Delhi;
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12 January, 2016.
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