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BAL KISHAN v SMT. HEMLATA - CMA Case No. 479 of 2001  RD-RJ 394 (10 March 2006)
SB Civil Misc. Appeal No. 479/2001
Date of Order: 10th March, 2006.
HON'BLE MR.JUSTICE BHAGWATI PRASAD
Mr. Jitendra Gang for the appellant.
Mr. Himanshu Maheshwari for the respondent.
The present appeal is against the order where only judicial separation was granted and decree for divorce was not granted. The circumstances do not eists for grant of decree for divorce. However, the petitioenr gets a right to move a fresh petition for divorce on the ground that judicial separation was granted in 2000 and almost six years have passed thereafter. In that view of the matter, the appeal is not entertained and is hereby dismissed with liberty to file fresh petition. Learned counsel for the appellant husband submit that there is no chance of reconciliation which is disputed by the learned counsel for the respondent wife and it is stated that she is ready and willing to stay with the husband.
(BHAGWATI PRASAD),J bijesh
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