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2008 Supreme(Del) 1257

V.B.GUPTA
Vimla Balani – Appellant
Versus
Jai Krishan Balani – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: Atul Wadera, Adv.
For Respondents/Defendant: R.S. Sahni, Adv. and Rajat Gaur, Adv. for CGHS

JUDGMENT

V.B. Gupta, J.

1. This appeal has been filed by appellant under Section 28 of Hindu Marriage Act, 1955 (for short as Act) against the judgment and decree dated 7th November, 2007 passed by Shri Gurdeep Singh, Additional District Sessions Judge, Delhi, vide which the Trial Court has allowed the respondents petition in his favour and against the appellant.

2. Aggrieved with the impugned judgment, the appellant-wife has filed the present appeal.

3. The brief facts of this case are that parties to the appeal were married on 19th November, 1956 according to the Hindu Rites and ceremonies. Respondent who had joined the Indian Police Services in 1953 was posted at Jodhpur at the time of marriage as Superintendent of Police. The respondent was the only son of his parents and his mother was ailing with high blood pressure and needed care and attention of the parties.

4. The appellant since the inception of marriage did not show any inclination to remain with the respondent in the matrimonial home and in early 1957, appellant left the matrimonial house of the respondent at Jodhpur without any reasonable cause and without consent and against the will of the respondent. The appellant






































































































































































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