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2019 Supreme(SC) 1374

SANJAY KISHAN KAUL, K.M.JOSEPH
Munish Kakkar – Appellant
Versus
Nidhi Kakkar – Respondent


Advocates Appeared:
For the Appellant(s) :Manoj Swarup, Santosh Mishra, Neelmani Pant, Vidisha Swarup, Ashok Anand, Somnath Padhan, Mukul Kumar, Advocates
For the Respondent(s):Respondent-in-person (Not present)

JUDGMENT :

SANJAY KISHAN KAUL, J.

1. Marriages are said to be made in heaven. They are broken on earth. We are faced with a scenario where for the better part of almost two decades, the parties before us, who are husband and wife, have been engaged in multifarious litigation, including a divorce proceeding, which forms subject matter of the appeal before us.

2. The marriage between the parties was solemnized at Jalandhar according to Hindu rites on 23.4.2000, where apparently the family of the appellant was based. The family of the respondent is stated to have been based in Canada. It appears from the allegations that the constant period of stay of the parties was only for about two months, with the respondent moving back and forth, but, undisputedly on 24.5.2001, the respondent left for Canada to be with her family. It is the case of the appellant that this was not with his consent, while on the other hand it is the case of the respondent that she was making an endeavour for immigration of the appellant to Canada, and at his behest. The respondent did not return to India till 16.8.2002, which was soon after she obtained Canadian citizenship on 6.8.2002. It is also an admitted positio


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