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2001 Supreme(Del) 625

B.A.KHAN, M.S.A.SIDDIQUI
SANTOSH KUMARI – Appellant
Versus
SHIV PRAKASH SHARMA – Respondent


Advocates Appeared:
Rajat Aneja

M. S. A. SIDDIQUI

( 1 ) THIS appeal under Clause 10 of the etters Patent is directed against the Judgment dated 30th April, 1991 of a Learned Single Judge of this Court in FAO No. 76/91. whereby dismissing the appeal of the appellant-wife, the judgment and decree of the Additional District Judge, Delhi dated 18th March, 1991 granting decree for divorce to the respondent-husband under Section 13 (1) (ib) of the Hindu marriage Act, 1955 (hereinafter called the Act ) was affirmed.

( 2 ) THERE appears to be no dispute that the parties were married on 23rd June, 1985 in accordance with Hindu law. On 9th November, 1985, the appellant, left her matrimonial home. On a petition being filed by the respondent under Section 9 of the Act for restitution of conjugal rights, parties started to live together from 9th november, 1986 and they did so till 3rd December, 1986. The appellant left the matrimonial home again on 4th december, 1986. Thus, on broad outlines, the parties did not differ but, as is normal in matrimonial disputes, on details they have divergent views. However, on 13th november, 1987 respondent filed a petition under Section 13 of the Act for divorce on the, ground of cruelty and















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