JYOTI SHARMA Vs. RAJINDER KUMAR SHARMA

Supreme Court of India (Division Bench (DB)- Two Judge)

Appeal (Civil), 201 of 2016, Judgment Date: Jan 12, 2016

                                                              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  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withdrawn by the respondent-husband.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 proceedings have come  to  an
end by an order dated 20th February, 2004.
5.    The said order dated 20th 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 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  District  Judge,
Matrimonial Cases, Jammu on 15th February, 2016.
7.     The  petitioner  shall  file  the  written  statement  in  the   said
proceedings before 22nd 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.

                                                            ..............J.
                                                              [ANIL R. DAVE]


                                                        ..................J.
                                                         [ADARSH KUMAR GOEL]
New Delhi;
12th January, 2016.