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2016 Supreme(Del) 4155

GITA MITTAL, I.S.MEHTA
Dharam Kaur – Appellant
Versus
Narender – Respondent


Advocates Appeared:
For the Appellant :Mr. M. Shamikh, Advocate
For the Respondent:Mr. R.K. Uppal, Advocate

JUDGMENT :

Gita Mittal, J.

The appellant in the present appeal has assailed the judgment and decree dated 15th December, 2014 passed by the Principal Judge (North-West, Rohini), Family Court in HMA No. 218/2014. By this judgment and decree, the Family Court has accepted the petition under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 filed by the respondent-husband against his wife, the present appellant, dissolving their marriage by a decree of divorce on grounds of cruelty and desertion.

2. The facts giving rise to the present appeal are within a narrow compass and to the extent necessary are briefly noted hereafter. A marriage in accordance with Hindu Rites and Ceremonies was solemnised on 27th April, 2008 at Delhi. It is an admitted position that the marriage was consummated and the parties were blessed with two children – firstly a son Jai and thereafter, a daughter, Komal. The parties admittedly stayed together till 23rd September, 2010.

3. On or about 15th October, 2012, the respondent-husband filed the petition under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 against the appellant contending that right from the date of the marriage, at the














































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