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2010 Supreme(Del) 573

KAILASH GAMBHIR
RENU BALA – Appellant
Versus
JAGDEEP CHILLER – Respondent


Advocates Appeared:
Mr.Sanjeev Sindhwani, Adv.
Mr.Rajesh Kalra and Mr.Anuj Soni, Adv.

JUDEMENT

KAILASH GAMBHIR, J. -- By this appeal filed under Section 28 of the Hindu Marriage Act, 1955 the appellant seeks to challenge the impugned judgment and decree dated 24.10.2000, whereby the learned trial court has passed a decree of divorce on the ground of cruelty and desertion under Section 13 (1) (ia) and 13 (1) (ib) of the Hindu Marriage Act, 1955. The main grounds to assail the findings of the learned trial court taken in the present appeal inter alia are that the appellant was turned out of her matrimonial home in three wearings after she was mercilessly beaten by the respondent husband and this aspect was completely ignored by the learned trial court; the learned trial court also misread the evidence and assumed certain evidence which in fact does not exist; the allegations leveled by the petitioner husband in the divorce petition are contrary to the stand taken by him in his petition filed under Section 9 of the Hindu Marriage Act; the respondent husband had started creating evidence in his favour after a complaint was filed by the father of the appellant against him with the concerned police station; the learned trial court wrongly placed reliance on the FIR and th












































































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