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2017 Supreme(Del) 3017

HIMA KOHLI, DEEPA SHARMA
SUNIL KUMAR – Appellant
Versus
MANJU – Respondent


Advocates Appeared:
For the Appellant :Mr. Rajeev Shukla, Advocate.

JUDGMENT :

DEEPA SHARMA, J.

1. The appellant/husband has challenged the order dated 15.02.2017 whereby his petition for dissolution of marriage under Section 13(1) (ia) of the Hindu Marriage Act, 1995 (hereinafter referred to as the “HMA”) has been dismissed by the learned Family Court.

2. The admitted facts of the case are that the marriage between the parties was solemnized according to Hindu rites and ceremonies on 11.02.2008 and a female child, namely Amin, was born from out of this wedlock on 11.06.2010.

3. The appellant/husband filed a petition for divorce on the allegations that the respondent/wife did not stay in the matrimonial home for more than 15 days in routine and most of the time, she used to remain at her parental home at Delhi; that she used to create scenes in the presence of neighbours and family members and also used to pressurise him to get separated from his family.

4. Accordingly, on 29.04.2009, they shifted to Assandh and stayed in a rented accommodation away from other family members. At Assandh, the respondent/wife continued to act in a cruel manner and on account of her refusal to prepare breakfast for the appellant, almost on a daily basis, he had to go hungr







































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