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2001 Supreme(Del) 1603

K.S.GUPTA
HARVINDER SINGH – Appellant
Versus
BINDER KAUR – Respondent


Advocates Appeared:
L.D.ADLEKHA, RAJAN K.CHOURASIA

K. S. GUPTA

( 1 ) THIS petition under section 482 Criminal Procedure Code. was filed alleging that petitioner No. 1 was married to respondent. No. 1 on 21/11/1993 and as they could not adjust with each other due to temperamental differences they started living separately from 20/12/1994. Respondent No. 1 lodged fir No. 760/95 under sections 498-A/406 Indian Penal Code on 15th December 1995 against the petitioners and criminal proceeding based thereon is pending before a Metropolitan Magistrate. It is further alleged that petitioner No. 1 and respondent No. 1 decided to dissolve their marriage by mutual consent. First motion under section 13-B (i) of Hindu Marriage Act was disposed of by the order dated 23/03/1996. In second motion under section 13-B (ii) of the Act Joint statement of parties was recorded on 27/05/1997 and marriage was dissolved by decree of divorce by mutual consent, by the order dated 31/05/1997 by an Additional District Judge. Respondent No. 1 had received her istridhan. She had also been paid the settled amount of Rs. 60,000. 00 by petitioner no. 1. It is stated that despite the undertaking given in said divorce petition the respondent No. 1 has failed to coopera



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