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2023 Supreme(Del) 2308

SANJEEV SACHDEVA, VIKAS MAHAJAN
Deepti Bhardwaj – Appellant
Versus
Rajeev Bhardwaj – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Nishit Kush, Mercy Hussain, Siddharth Sikri, Kirti.
For the Respondent: Priyanka Gupta.

JUDGMENT :

SANJEEV SACHDEVA, J.

1. Appellant impugns the judgment dated 27.07.2022, whereby the petition filed by the respondent-husband under Section 13(1) (i-a) of the Hindu Marriage Act, 1956 seeking dissolution of marriage on the ground of cruelty has been allowed and a decree of divorce has been passed.

2. Learned counsel for the appellant contends that the Family Court has been swayed by a mere suggestion given by the counsel towards the end of the cross-examination of the respondent-husband that he had filed the petition for divorce for the reason that he was having an extra marital affairs with his co-worker.

3. Learned counsel submits that there was no pleading to the said effect and the suggestion was a mere suggestion given by a counsel, who was over jealous, in his cross-examination without any instructions from the appellant. He submits, that alone cannot be a ground for grant of divorce.

4. Learned counsel further submits that the allegations of cruelty are unsubstantiated and that there are no dates mentioned as to when the alleged cruelty has taken place.

5. Learned c

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