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2020 Supreme(Del) 659

RAJIV SAHAI ENDLAW, ASHA MENON
Anshu Malhotra – Appellant
Versus
Mukesh Malhotra – Respondent


Advocates Appeared:
Amar Nath, Advocate

JUDGMENT

Rajiv Sahai Endlaw, J. - Allowed, subject to just exceptions and as per extant rules.

    2. The applications are disposed of.

      MAT.APP. (F.C.) 86/2020 & CM No.11776/2020 (for condonation of delay of 25 days in filing the appeal)

      3. This appeal under Section 28 of the Hindu Marriage Act, 1955 (HMA) read with Section 19 of the Family Courts Act, 1984 impugns the order and decree dated 19th November, 2019 of the Judge, Family Court, Shahdra District, of dissolution of marriage of the appellant with the respondent under Section 13B of the HMA.

        4. It is the contention of the appellant that the said order and decree is vitiated inasmuch as the consent of the appellant to dissolution of her marriage with the respondent was obtained during the illness of the appellant and is thus not of the own volition of the appellant and in fact there was no consent of the appellant or mutual consent for dissolution of marriage with the respondent. It is further contended that the parties, before filing the petition under Section 13B(1) of the HMA, were not even living separately for the statuto



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