Bhaktiraj Lodha v. Bhavika
Case brief
What is this about?
In CMA No. 391/2024, the High Court at Jodhpur dismissed the civil miscellaneous appeal, which was withdrawn by the appellant with liberty to file a fresh divorce petition, as the original application had been wrongly barred by one-year limitation.
What did the court decide?
Appeal dismissed as withdrawn with liberty to file a fresh divorce petition.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
D.B. Civil Misc. Appeal No. 391/2024
Bhaktiraj Lodha S/o Late Shri Rajkumar Ji Lodha, Aged About 27 Years, R/o Ganesh Nagar Lodha Ghati Nathdwara Tehsil Nathdwara District Rajsamand Rajasthan
----Appellant
Versus
Bhavika W/o Shri Bhaktiraj, D/o Late Shri Rajesh Lodha, R/o Lodha Ghati, Tehsil And Dist. Rajsamand, Rajasthan.
----Respondent
For Appellant(s) : Mr. Puna Ram Sen
HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE MUNNURI LAXMAN
Order
02/02/2024
This civil miscellaneous appeal is filed by the appellant being aggrieved with the judgment and decree dated 16.01.2024 passed by the Addl. District and Sessions Judge, Nathdwara, Distt. Rajsamand, whereby the application filed by the appellant under Section 13 of the Hindu Marriage Act, 1955 has been dismissed on the ground that the application seeking divorce is filed within one year of the marriage and, therefore, the same cannot be granted. Learned counsel for the appellant has further submitted that marriage of the appellant and the respondent was solemnized on 16.02.2023 and now one year is going to expire on 16.02.2024,
Issues for consideration
2 issues framed by the court
Whether to allow or dismiss the civil miscellaneous appeal filed by the appellant aggrieved by the dismissal of his divorce application.
Whether the right of the appellant to withdraw the appeal should be upheld.
Parties & counsel
- appellant
Bhaktiraj Lodha
- respondent
Bhavika
Coram
VIJAY BISHNOI
Case details
As recorded by the court registry
- Court
- Rajasthan HC
- Decided on
- · February
- Registered
- Case no.
- CMA/391/2024
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