Prakash vs Phulavati . on 16 October, 2015
In our view, there is no need to interfere with the impugned order of the learned
Single Judge. The amendment was brought on the statute in 2005. The contention raised
on behalf of the appellant that there was an inconsistency in the law or the judgments
passed with respect to the effect of the amendment is also baseless as the preliminary
decree was passed by consent. Moreover, the Supreme Court in Prakash's case [supra]
has observed that there was no conflict with any of the earlier decisions of the Supreme
Court and that its view was consistent with the opinion of the Supreme Court in other
judgments.