Citation : 2022 Latest Caselaw 4272 Chatt
Judgement Date : 6 July, 2022
HIGH COURT OF CHHATTISGARH, BILASPUR
Order Sheet
FA(MAT) No. 45 of 2022
Pratima Shukla Versus Sujeet Tiwari
06/07/2022 Heard Shri Ashutosh Biswas, Advocate for the appellant and Shri
Pankaj Bhaskar & Shri Palash Rajani, Advocates for the respondent.
I.A.No.1 of 2022
This is an application for grant of stay.
Learned counsel for the appellant would submit that the appellant/wife was not a patient of mental disorder and nothing was concealed at the time of marriage, therefore, the case would not fall under the provisions of Section 12 of the Hindu Marriage Act, 1955. He placed reliance upon the decision rendered by the Supreme Court in the matter of {Ram Narain Gupta v Smt. Rameshwari Gupta reported in (1988) 4 SCC 247 : 1988 AIR (SC) 2260}
Having considered the entire facts situation of the case, the effect and operation of the impugned judgment and decree dated 11-1-2022 passed by the Third Additional Principal Judge, Family Court, Durg, in civil suit No.842/2019 shall remain stayed, till the next date of hearing.
Post it for final hearing, subject to filing of paper book in accordance with the Chhattisgarh High Court Rules.
Accordingly, I.A.No.1 of 2022 stands disposed of.
Certified copy as per rules.
Sd/- Sd/-
(Goutam Bhaduri) (Deepak Kumar Tiwari)
Gowri Judge Judge
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