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SHIV NARAYAN DHINGRA
Harbans Lal Malik – Appellant
Versus
Payal Malik – Respondent


Counsel for the Parties:
For the Petitioner:Mr. Dharam Raj, Advocate.
For the Respondents:Mr. R. Jain, Mr. Deepak Aggarwal, Mr. D. Jain, Advocates.

JUDGMENT

Shiv Narayan Dhingra, J.—These petitions arise out of order passed by the learned Additional Sessions Judge on 7th May, 2010 while disposing of two appeals against the order dated 27th July, 2009 passed by the learned MM.

2. The undisputed facts are that Ms. Payal Malik used to live with her parents before marriage at Hissar. Her marriage took place with Mr. Nagesh Malik whose parents used to live at Panipat. Marriage of the parties was solemnized at Panipat on 30th August, 2001. Nagesh Malik was already working in USA and after marriage both of them went to USA on 20th September, 2001 where they settled their matrimonial home and lived together. On 24th October, 2002 a female child was born to the couple at USA, who was named as Vanishka. The parties continued living together in USA till 2008. It seems deep differences arose between the parties and they could not pull on together. There are allegations and counter allegations made by wife and husband which are not relevant for the purpose of deciding this petition. However, husband alleged that on 6th August, 2008 due to these differences, parties executed a post-nuptial agreement and decided to obtain divorce from each o

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