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2008 Supreme(Del) 679

KAILASH GAMBHIR
Deepak Johri – Appellant
Versus
Kumkum Johri – Respondent


Advocates:
Advocate Appeared
For Appellant/Petitioner/Plaintiff: Dinkar Singh, Adv.
For Respondents/Defendant: M.S. Mishra and A.K. Tripathi, Advs.

JUDGMENT

Kailash Gambhir, J.

1. By way of the present appeal, the appellant seeks to challenge the judgment dated 2.12.2006 passed by Ms. Anju Bajaj Chandna, learned Additional District Judge, Delhi, thereby dismissing the divorce petition filed by the appellant under Section 13(1)(ia) & (ib) of the Hindu Marriage Act.

2. The brief facts of the case relevant for deciding the present appeal inter-alia are that the marriage between the parties was solemnized on 4.12.1980 in Delhi according to Hindu rites and ceremonies. After their marriage the party cohabited as husband and wife till 1981. As per the appellant the respondent had left the matrimonial home on 9.7.81 without any reasonable excuse and all efforts made by the appellant to bring back the respondent went in vein. That on 2.11.1981, a male child was born out of the wedlock. The appellant had even deputed his maternal uncle and Sh. Shiv Kumar Mathur, through whom the said marriage was arranged, to bring back the respondent to the matrimonial home but they were not successful in their efforts. The respondent had served legal notice dated 21.04.1982 making request to the appellant to take her back. The respondent had filed a p




































































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