SURBHI AGRAWAL Vs. SANJAY AGRAWAL

JUDGEMENT

(1.) This letters patent appeal preferred by the wife is directed against the decree passed by the learned single Judge, whereunder dismissing her first appeal filed under the provisions of the Hindu Marriage Act, the decree of the trial Court allowing the counter-claim of the husband/defendant for dissolution of marriage of the appellant and dismissing her suit for judicial separation and for recovery of some of the articles but accepting her claim for the grant of maintenance subject to certain conditions, was upheld.

(2.) In the present appeal, the appellant has prayed for the allowing of the appeal and setting aside of the decree passed by the learned single Judge confirming the judgment and decree of the trial Court and has prayed for a decree for judicial separation.

(3.) However, during the pendency of the appeal, the appellant filed an application being I.A. No. 5858/99 on 26-7-1999, wherein she has prayed that the words "and decree for judicial separation may kindly be passed in favour of the appellant" be deleted. With the deletion of the aforesaid words, the only relief claimed in this appeal will remain for setting aside of the judgment and decree passed by the learned single Judge confirming the judgment and decree of the trial Court with costs.