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2011 Supreme(Del) 489

KAILASH GAMBHIR
Amar Lal Arora – Appellant
Versus
Shashi Bala – Respondent


Advocates:
Counsels:
For Appellant/Petitioner/Plaintiff: P.S. Kem, Adv.
For Respondents/Defendant: K.P. Gupta, Adv.

JUDGMENT

Kailash Gambhir, J.

1. By this appeal filed under Section 28 of the Hindu Marriage Act, 1955 the Appellant husband seeks to challenge the judgment and decree dated 05.02.2001 passed by the learned trial court whereby the divorce petition filed by the Appellant herein under Section 13(1) (ia) & (ib) of the Hindu Marriage Act was dismissed.

2. Brief facts of the case relevant for deciding the present appeal are that the marriage between the parties was solemnized on 13.02.1987 according to Hindu rites and ceremonies and a daughter 'Gudia' was born from the wedlock on 5.1.1988. The case set up by the Appellant in the divorce petition was that the Respondent was under the influence of her parents right from the beginning of the marriage and her parents interfered in their affairs. It was also alleged that the Respondent never showed happiness in residing with the Appellant and never fulfilled her matrimonial obligations. It was also the case of the Appellant that the Respondent avoided normal sexual life with the Appellant and thereby caused mental agony to him. It was also stated that the Respondent left for her parental home on 13.12.1987 on the pretext of attending a marriage



















































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