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2013 Supreme(Del) 131

VEENA BIRBAL
DHARMESH KUMAR @ DHARMENDER – Appellant
Versus
ANU ARORA – Respondent


Advocates:
Advocate Appeared:
Mr. Harish K. Mehra, Adv. along with appellant in person
Mr. Ashwani Kumar Mata, Sr. Adv. with Mr. Gajinder Kumar, Mr. Kiran Jai, Mr. Chandra Shekhar and Ms. Kajal Bhati, Advs. along with respondent in person

JUDGMENT

VEENA BIRBAL, J.

1. By way of the first appeal under Section 28 of Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”), a challenge has been made to the impugned judgment and decree dated 30.04.2011 passed by learned ADJ, Delhi in HMA No. 497/10/05.

2. Briefly stated the facts of the case are that a petition for annulment of marriage with the appellant under Section 12(1)(c) of the Act was filed before the learned ADJ by the respondent wherein she had alleged that the appellant was employed as a “Driver” by her father who is a businessman. She has got two younger brothers and is the only daughter of her parents. The appellant used to drop her at school and also used to bring her back. She had averred that alleged marriage between the parties was solemnized on 27.08.2004 at Arya Samaj Mandir according to Hindu rites and ceremonies which was subsequently registered on 17.09.2004. The date of birth of respondent is 07.08.1986 and had just attained 18 years at the time of alleged marriage.

3. The respondent had alleged that on 09.03.2003 the appellant had picked her up from the school as it was the last day of her 11th class examination and while coming back to the





































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