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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pending in the Court of Additional District Judge, Matrimonial  Cases,  Jammu  and  the  said  proceedings  had been  withdrawn  by  the  respondent-husband.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

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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.