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Smt. Neha Singhal wife of Shri Pratik Sharma D/o Ajay Singhal R/o Vasant Vihar,
Dehradun ……….Appellant
Versus
Pratik Sharma son of Shri Rohit Sharma R/o Rajpur Road, Next to Astley Hall, Dehradun
……..Respondent
To ,
That the petitioner is desirous of filing the present Curative Petition against the Judgment
and Final Order dated 5.05.2018 passed in Review Petition (Civil) No. 217 of 2017 in SLP
(Civil) No. 107 of 2017 which was dismissed by this Hon’ble Court vide Judgment and
Final Order dated 17.10.2017.
2. QUESTION OF LAW:
In the present Review Petition the following questions of law of general public importance
arise for the consideration of this Hon’ble Court ;
(a) Whether the Court is justified to refuse the decree for divorce when advocate
appearing for appellant side argued and submitted that the Respondent had committed the
offence of attempt to culpable homicide amounting to murder and therefore there is no
harm if the decree for divorce is passed in favour of the petitioner husband ?
(b) Whether the courts below erred in holding that the petition filed by the petitioner was
barred by the principle of res judicata?
(c) Whether the High Court as well as the courts below erred is not appreciating the aspect
that the marriage should not continue as Respondent had committed fraud, attempt to
culpable homicide, fraud and there is no possibility of reunion and hence the decree for
divorce is to be granted ?
(d) Whether the courts below erred in holding that the ground of culpable homocide is not
proved and cannot be taken ?
3.GROUNDS
That the petitioner is filing the present Curative Petition on the following
amongst other grounds :-
A That there was a genuine violation of principles of natural justice by infringement of
Article 21 of the Indian Constitution and that there had been a bias of the judge and
judgment that affected her.
B The petition shall state expressly that the grounds mentioned under Review
Petition were dismissed by circulation.
The Grounds mentioned in the curative petition had been taken in the Review Petition and
that it was dismissed by circulation; and that no new grounds have been taken in this
curative petition.
PRAYER :
(a) Reconsider the Judgment and Final Order dated ________ passed by the Hon’ble
District Court of India in Review Petition No. _________.
(b) Pass such other order or orders as this Hon’ble Court may deem fit and proper in the
interest of justice.
Date:
Dehradun
FILED BY
Singhast Singh