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2011 Supreme(Del) 476

KAILASH GAMBHIR
Hemwanti Tripathi – Appellant
Versus
Harish Narain Tripathi – Respondent


Advocates:
Counsels:
For Appellant/Petitioner/Plaintiff: G.S. Vasisht and Pratibha Shukla, Advs.
For Respondents/Defendant: Pradeep Gupta and Suresh Bharti, Advs.

JUDGMENT

Kailash Gambhir, J.

1. By this appeal filed under Section 28 of the Hindu Marriage Act, 1955 the Appellant wife seeks to challenge the impugned judgment and decree dated 13.7.1998 passed by the learned ADJ whereby the divorce petition filed by the Appellant under Section 13(1)(ia) of the Hindu Marriage Act was dismissed.

2. Broad facts based on which the Appellant herein invoked the ground of cruelty and filed the petition for divorce are that the marriage between the parties was solemnized according to Hindu rites and ceremonies on 25.6.1980 at village Chamaria, P.O. Kali Jagdishpur, Distt. Basti, U.P. and a daughter 'Anupam' was born out of the wedlock on 18.7.1982. The case of the Appellant is that the parties started living together in Delhi in September, 1981 after "Gauna" ceremony was performed and the marriage was consummated; the Respondent changed his behaviour shortly after the birth of the female child as he wanted a son and started blaming the Appellant for having given birth to a female child and therefore Respondent started harassing the Appellant on one pretext or the other and used to hurl filthily abuses/insults on the Appellant almost every day and he also s














































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