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2023 Supreme(Del) 2975

SANJEEV SACHDEVA, MANOJ JAIN
Nidhi Jain – Appellant
Versus
Ankit Jain – Respondent


Advocates appeared:
Appellant in person.
Mr. Arush Bhandari, Advocate with Respondent in person.

JUDGMENT

Manoj Jain, J.

1. Appellant has challenged order dated 25.07.2022 whereby her application under Section 151 CPC filed in HMA petition No.1367/2019 titled as Ankit Jain vs. Nidhi Jain has been dismissed by learned Judge, Family Court, North District, Rohini, Delhi.

2. Appellant got married to respondent on 16.02.2012 as per Hindu rites and customs. However, their marriage was in turmoil and the matrimonial discord between the two resulted in filing of various cases by them, against each other.

3. Presently, we are concerned with HMA petition No.1367/2019 filed by the respondent whereby he has sought dissolution of marriage on account of cruelty. Said petition is pending adjudication and the trial is yet to begin.

4. It needs to be highlighted that the respondent had earlier also filed two petitions seeking dissolution of marriage. One such petition was filed on 15.12.2012 which was registered as HMA 594/2012. By virtue of said petition also, he had sought divorce but it was dismissed at the very threshold, being barred under Section 14(1) of Hindu Marriage Act, 1955(in short HMA) as it had been filed within one year of the marriage and no instance of any exceptional hard

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