Akash Alias Anjali vs Vijay Choudhary

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(Del) 1708

VIPIN SANGHI, REKHA PALLI
Akash Alias Anjali – Appellant
Versus
Vijay Choudhary – Respondent

Advocates appeared:
Ekansh Bansal, Advocate, Parmanand Gaur, Advocate, Sanyam Jain, Advocate

JUDGMENT

Vipin Sanghi, J. - Cm APPL. 5204/2021 & CM APPL. 5205/2021

1. Exemptions allowed, subject to all just exceptions.

2. The applications stand disposed of.

MAT.APP.(F.C.) 22/2021 & CM APPL. 5203/2021

3. The present appeal is directed against the judgment dated 17.03.2021 passed by the Principal Judge, Family Court, South East District, Saket, New Delhi in HMA No. 731/2011, whereby the learned Principal Judge has allowed the divorce petition preferred by the respondent/husband under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 ( the Act for short). Though the petition was preferred on the grounds of both cruelty and desertion on the part of the appellant, the learned Principal Judge has allowed the petition solely on the ground of cruelty.

4. Before the learned Family Court, the two primary submissions of the respondent/husband in regard to the cruelty meted out to him were; firstly, that the appellant/wife had made a false allegation against him that he was in an illicit relationship with her own Bhabhi, i.e., her brother s wife during the period when the parties were staying at the parental home of the appellant/wife and, secondly; the appellant/wife had repeatedly threat

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