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2011 Supreme(Del) 514

KAILASH GAMBHIR
Arvind Kumar – Appellant
Versus
Nirmala Bharti @ Neha – Respondent


Advocates:
Counsels:
For Appellant/Petitioner/Plaintiff: Deepika Marwaha, Adv.
For Respondents/Defendant: None

JUDGMENT

Kailash Gambhir, J.

1. By this appeal filed under Section 28 of the Hindu Marriage Act, the Appellant seeks to challenge the order dated 13.06.2011 passed by the Principal Judge, Family Courts, Dwarka, New Delhi whereby the application of the Appellant under Section 14 of the Hindu Marriage Act was dismissed.

2. Assailing the said order, Ms. Deepika Marwaha, counsel appearing for the Appellant submits that the learned Family Court has passed the impugned order completely ignoring the proviso of Section 14 of the Hindu Marriage Act and has also not properly appreciated the ratio of judgments in the case of Anil Kumar Jain v. Maya Jain (2009) 10 SCC 415, Manish Goel v. Rohini Goel (2010) 4 SCC 393 and also in the case of Mohan Saili and Sonali Singh v. Nil 2010 (175) DLT 259.

3. I have heard learned Counsel for the Appellant.

4. Nobody is present on behalf of the Respondent despite service of notice. The Respondent is accordingly proceeded ex parte.

5. As per the facts disclosed in the present appeal, the Appellant got married to the Respondent on 12.03.2011 according to Hindu rites and ceremonies. A petition for divorce was filed by the Appellant against the Respondent on 08.06.2










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