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2022 Supreme(Del) 1340

VIPIN SANGHI, JASMEET SINGH
Vinay Khurana – Appellant
Versus
Shweta Khurana – Respondent


Advocates appeared:
Appellant-in-person, for the Appellant; Mr. Naman Joshi, Mr. Guneet Sidhu, Advocate, for the Respondent.

JUDGMENT

1. MAT. APP. (F.C.) 213/2018 has been filed by the appellant-husband Vinay Khurana (hereinafter referred to as "appellant") challenging the judgment dated 02.07.2018 passed by the Family Court, Shahdara District, wherein the Family Court has granted a relief of Judicial Separation, instead of the relief of divorce-as had been sought by the appellant.

2. On the other hand, MAT. APP. (F.C.) 231/2018 has been filed by the respondent-wife - Shweta Khurana (hereinafter referred to as "respondent") challenging the findings returned by the Family Court, Shahdara District against the respondent in the said judgment.

3. The admitted facts are as under:

    (a) The marriage of the parties took place on 14.04.2006 according to the Hindu rites and ceremonies. One girl child was born out of the wedlock on 23.09.2007, who is in the custody of the respondent.

    (b) The appellant filed the petition for divorce on 13.07.2012, on the ground of cruelty under section 13(1)(ia) of the Hindu Marriage Act.

    (c) The parties have been staying separately since 29.05.2009. There are conflicting statements placed before us as to the reasons why the appellant and the respondent have been staying separately since 2

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