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2015 Supreme(Del) 1434

VIPIN SANGHI
Rekha Mathur – Appellant
Versus
Manish Khanna – Respondent


Advocate Appeared:
Mr. Puneet Agarwal & Mr. Anshuman Ashok, Advocates.
Mr. Rajesh Khanna & Mr. Kushal Raj Gupta, Advocates.

Judgment

Vipin Sanghi, J.

1. With the consent of learned counsel, I have heard their respective submissions in this appeal and proceed to dispose of the same at this stage.

2. The present matrimonial appeal is directed against the judgment dated 24.08.2012 passed by the learned ADJ-01 (East), Karkardooma Courts, Delhi in HMA No.450/2010. The appellant has preferred the aforesaid composite petition invoking Section 13(1)(ia) and Section 12(1)(a) of the Hindu Marriage Act, 1955 (HMA) against the respondent. The learned ADJ passed a decree of divorce on the ground of cruelty under Section 13(1)(ia) of the HMA in favour of the appellant and, at the same time, the relief sought under Section 12(1)(a) of the HMA, on the ground of impotency of the husband, was rejected. The appellant wife is aggrieved, insofar as the petition was dismissed on the ground of impotency under Section 12(1)(a) of the HMA.

3. Before proceeding further, I shall, at this stage itself, deal with the preliminary objection of the respondent with regard to the maintainability of the present appeal. The submission of the respondent is that the present appeal is not maintainable, as it is directed against a finding returne






















































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