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2019 Supreme(Del) 2560

G.S.SISTANI, JYOTI SINGH
J – Appellant
Versus
J. C. – Respondent


Advocates Appeared:
For the Appellant :V.P. Singh Bidhuri, Advocate.
For the Respondent:Rajender Yadav, Advocate.

JUDGMENT

Jyoti Singh, J.

The present appeal has been filed challenging the judgment dated 05.10.2018 passed by the Family Court in HMA No. 565/2018 whereby the petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 filed by the respondent/husband for dissolution of marriage has been allowed and the marriage has been dissolved by a decree of divorce.

2. The relevant facts necessary for the present appeal are that the parties got married on 16.02.2009 as per Hindu rites and ceremonies at Delhi. After the marriage both the parties resided together at Delhi. Although the marriage was consummated but there is no issue from the said wedlock.

3. Disputes and differences having arisen between the parties, the respondent/husband filed a petition under Section 13(1)(ia) of the Hindu Marriage Act seeking dissolution of the marriage by passing a decree of divorce on the ground of 'cruelty'. The grounds on which the Divorce Petition was filed were that it was a simple marriage and no dowry articles were demanded by the respondent herein or his family members and only a few items were gifted during the marriage. It was pleaded that since the beginning of the marriage, the appellant (respon

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