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2007 Supreme(Del) 1257

S.MURALIDHAR
DARSHANA DEVI – Appellant
Versus
ANIL KUMAR SAINI – Respondent


Advocates Appeared:
LALIT BHARDWAJ, VIVEK KUMAR


S. MURALIDHAR, J.

( 1 ) THIS appeal by the wife is directed against the judgment and order dated 12. 2. 1998 passed by the Additional District Judge (ADJ) Delhi in HMA No. 532 of 1989 by which the ADJ dissolved the marriage between the parties on the ground of cruelty under section 13 (1) (ia) of the Hindu Marriage Act, 1955 ("act" ). While the trial court accepted the plea of the petitioner (respondent herein) that the appellant had treated him with cruelty, the court negatived the plea for divorce on the ground of desertion. Aggrieved by the dissolution of the marriage on the ground of cruelty, the wife is in appeal.

( 2 ) THE marriage between the parties was solemnized at Delhi on 18. 10. 1985. A son was born to the parties on 8. 2. 1987. The narration of facts in the petition for divorce pertaining to the ground of cruelty cites three incidents of cruelty. The first incident is of 11. 10. 1987. It is stated that the appellant came to the house of the respondent and raised a hue and cry outside the house falsely alleging that the respondent and his family members wanted to burn her and had demanded Rs. 5000 from her parents. The second incident is of 31. 10. 1987 at around 10















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