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2021 Supreme(Del) 1916

PRATHIBA M. SINGH
Apurva Anand – Appellant
Versus
Chanchal Niranjan – Respondent


Advocates appeared:
Aman Hingorani, Advocate, Himanshu Yadav, Advocate

JUDGMENT

Prathiba M. Singh, J. - This hearing has been done through video conferencing.

2. The Petitioner Mr. Apurva Anand was married to Ms. Chanchal Niranjan on 11th July, 2008. The Petitioner filed a divorce petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter, Act ), seeking divorce from his wife on 4th October 2016. Vide judgment dated 6th August, 2020, the Family Court, Patiala House Courts, Central District granted a decree of divorce to dissolve the marriage solemnised in the following terms:

    "28. In the present proceedings, the conduct of the respondent has been to delay the matter as also she has not sincerely contested the case. Since the defense of the respondent was struck off, she could cross examine the petitioner only on legal issues. It is not permissible to the respondent to cross-examine the respondent on the basis of her pleas taken in written statement as also the filing of written statement was permitted subject to the payment of costs which was not complied with. In these circumstances, the pleas taken by the respondent in her defence cannot be considered or appreciated.

      29. The petitioner has been able to establish his case by way of or

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