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2018 Supreme(Del) 446

J.R.MIDHA
R – Appellant
Versus
J – Respondent


Advocates Appeared:
For the Petitioner: Ms. Reena Jain Malhotra
For the Respondents: Ms. Vandana Sharma

JUDGMENT :

1. ‘J’ and ‘R’ got married on 03July, 1978 and two children were born out of their wedlock, namely a daughter, Pooja on 29ths October, 1980 and a son, Raghav on 04th September, 1983. On 29th November, 2002, ‘J’ instituted a petition for dissolution of marriage on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955 against ‘R’ which resulted in the judgment dated 06th June, 2011 whereby the learned Trial Court rejected the prayer for grant of decree of divorce but passed a decree for judicial separation under Section 13A of the Hindu Marriage Act. Both the parties have challenged the impugned judgment. The husband is seeking a decree of divorce on the ground of cruelty whereas the wife is seeking setting aside of the decree of judicial separation. For the sake of convenience, the husband and wife are referred to as “the petitioner” and “the respondent” respectively, as per their nomenclature before the Trial Court.

2. The petitioner sought the decree for divorce on the ground of cruelty against the respondent on various grounds, inter alia, that the respondent was extremely suspicious towards him and often accused him of flirting around followed by


















































































































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