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Kumari Pushpa Vs. Smt Santosh - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtRajasthan High Court
Decided On
Case NumberS.B. Revision No. 346/82
Judge
Reported in1982WLN(UC)271
AppellantKumari Pushpa
RespondentSmt Santosh
DispositionPetition dismissed
Excerpt:
.....petitioner of living in adultry with husband--district court directing petitioner to appear in reconciliation proceedings--held, petitioner cannot be compelled to appear in conciliation proceedings between husband and wife.;the allegation against the petitioner is that the non-petitioner no. 2 ram niwas is living in adultry with the petitioner.;though the court has directed the petitioner to appear, but it is her sweet-will to appear or nor to appear. if the petitioner chooses not to appear before the court, the petitioner cannot be compelled to appear.;revision dismissed. - section 2(k), 2(1), 7 & 40 & juvenile justice (care and protection of children) rules, 2007, rule 12 & 98 & juvenile justice act, 1986, section 2(h): [altamas kabir & cyriac joseph, jj] determination as to..........it may on stated the though the court has directed the petitioner to appear, but it is ther sweet-will to appear or not to appear. if the petitioner chooses not to appear before the court, the petitioner cannot be compelled to appear. the reconciliation proceedings can be drawn between the parties to the marriage, that is smt. santosh and shri ram niwas.3. with the above observations, this revision petition is dismissed summarily.
Judgment:

M.C. Jain, J.

1. Heard learned Counsel the parties.

2. The petitioner is aggrieved against the direction given by the learned District judge for the appearancet in the court on 17. 9. 82 for reconcilliation. The allegation against the petitioner is that the non-potitioner No. 2 Ram Niwas is living in adultry with the petitioner. The petitioner's stand is that it is not necessary for her to appear in court for reconciliation. It may on stated the though the court has directed the petitioner to appear, but it is ther sweet-will to appear or not to appear. If the petitioner chooses not to appear before the court, the petitioner cannot be compelled to appear. The reconciliation proceedings can be drawn between the parties to the marriage, that is Smt. Santosh and Shri Ram Niwas.

3. With the above observations, this revision petition is dismissed summarily.


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