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2009 Supreme(SC) 393

MARKANDEY KATJU, V.S.SIRPURKAR
Vishnu Dutt Sharma – Appellant
Versus
Manju Sharma – Respondent


Advocates appeared:
For the Appellant:R.K. Chadha, Rajinder Mathur, Tarun Mathur Advocates. For the Respondent:D.S. Paweriya, Rani Chhabra, Advocates.

Judgment :

Leave granted.

This Appeal has been filed against the judgment and order dated 07th May, 2007 passed by the High Court of Delhi in FAO No.302 of 1996 whereby the High Court has dismissed the appeal filed by the husband-appellant.

Facts giving rise to this appeal are:

The marriage took place between the appellant and the respondent on 26.02.1993 and a female child was born on 6.12.1993. In the petition filed by the appellant, it was alleged that soon after the marriage the respondent was behaving in a cruel manner derogatory to the appellant and the family members; that the respondent avoided staying in the matrimonial home and never remained there for more than 25 days together; and that after leaving the matrimonial home on 19.5.1993 while she was pregnant with the child, the respondent never returned to live with the appellant. It was also alleged that the father of the respondent is a retired Sub-Inspector of the Delhi Police and brother is a Constable and both used to extend threats to the appellant and his family members that they would be implicated in false cases.

Respondent in her written statement stated that on 14.09.1994, the appellant and his family members























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