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2024 Supreme(SC) 424

VIKRAM NATH, SATISH CHANDRA SHARMA
Jatinder Kumar Sapra – Appellant
Versus
Anupama Sapra – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Tapan Bijoy Deb Choudhury, AOR Mr. Tapan Choudhury, Adv.
For the Respondent(s): Mr. Md. Shahid Anwar, AOR Mr. Mohd Shahzeb Khan, Adv. Mr. Mayank Kaushik, Adv. Mr. Amir Naseem, Adv. Mr. Ajay Amritraj, Adv. Mr. Hareesh Ahmad Minhaj, Adv. Mr. Vipul Singhal, Adv.

1. Leave granted.

2. The instant appeal assails the correctness of an order dated 26.07.2019 passed by the High Court of Punjab and Haryana (the “High Court”) in FAO-146-M-2005 (O&M) (the “Impugned Order”). Pertinently, vide the Impugned Order, the High Court dismissed the appeal; and accordingly upheld the correctness of an order dated 09.12.2004 passed by the Ld. Additional District Judge (Ad. Hoc), Faridabad (the “Family Court”) whereunder the Family Court dismissed a petition instituted by the Appellant herein under Section 13(1)(ia) of the Hindu Marriage Act, 1955 seeking dissolution of marriage by way of a decree of divorce (the “Underlying Order”).

3. The Appellant and the Respondent before this Court were married on 14.10.1991 as per Hindu rites and rituals, at Faridabad, Haryana. Out of the wedlock two children were born on 25.08.1993 and 02.05.1996.

4. Despite being together for approximately 14 (fourteen) years, bitterness crept into the relationship between the parties. Whilst on one hand, it is alleged that the Respondent ill-treated the Appellant; and constantly acted against the Appellant at the behest of her parents. On the other hand, the Respondent Wife alleged cruel

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