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2023 Supreme(Del) 5753

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Nitin Vij – Appellant
Versus
Pooja – Respondent


Advocates appeared:
Mr. Bhavneet Singh, for the Appellant; Mr. R.S. Dakha and Ms. Meena, Advocates, for the Respondent.

JUDGMENT

Suresh Kumar Kait, J. - The present appeal has been preferred by the appellant-husband under Section 19 of Family Court Act, 1984 read with Section 28 of Hindu Marriage Act, 1955 against the judgment dated 30.09.2020 passed by learned Family Court, Delhi in HMA No.374/2018 whereby appellant's petition under Section 13 (1)(ia) and (ib) of the Act seeking dissolution of marriage on the ground of cruelty and desertion has been dismissed. Also, the appellant has been directed to pay pendent lite maintenance @ Rs.15,000/- per month from the date of application under Section 24 read with Section 26 of the Act and in addition to pay litigation expenses of Rs.15,000/-.

2. The facts of the present case are that the marriage between the parties was solemnised on 18.09.2010. Out of the said wedlock, a child was born on 24.08.2011. The appellant claiming irreconcilable matrimonial disputes with respondent, preferred a petition seeking divorce before the learned Family Court in July, 2015 on the ground that:-

    I. Since the date of marriage, the respondent was unable to cope up with the responsibilities and clearly told the appellant that she would not be able to do household chores.

    II. Res

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