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2003 Supreme(Del) 865

S.K.MAHAJAN
JAI DAYAL – Appellant
Versus
SHAKUNTALA DEVI – Respondent


Advocates Appeared:
A.P.Dhamija, APARNA BHARDVAJ, S.K.TANEJA

S. K. MAHAJAN, J.

( 1 ) THE appellant has filed this appeal to challenge the judgment and decree dated 18. 7. 1998, whereby the Matrimonial Court had dissolved the marriage between the parties by a decree of divorce. A few facts relevant for deciding this appeal are:-

THE parties were married according to the Hindu rites and ceremonies on 1. 7. 1971 and three children were born from this wedlock. Alleging that the appellant had treated her with cruelty, the respondent filed a petition under Section 13 (1) (1a) of the Hindu Marriage Act for dissolution of marriage by a decree of divorce. Besides other allegations of ill-treatment of the respondent by the appellant it was alleged in the petition that the respondent crossed all limits when he levelled serious charges of immorality on the petitioner. It was alleged that the appellant issued a legal notice dated 6. 12. 1996, levelling serious allegations of immorality on the petitioner and her having illicit relations with one Mr. Kishore Kumar and then filed a complaint dated 9. 5. 1997, with the Commissioner of Police levelling similar allegations. This complaint was forwarded by the Commissioner of Police to SHO Police Station, Seelam










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