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2023 Supreme(Del) 5639

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Rashmi Sharma – Appellant
Versus
Deepak Sharma – Respondent


Advocates appeared:
Mr. Narender Baisoya, Advocate, for the Appellant; Mr. N.K. Sharma, Advocate, for the Respondent

JUDGMENT

Suresh Kumar Kait, J. - The present appeal under Section 19 of the Family Court Act, 1984 read with Section 28(4) of the Hindu Marriage Act, 1955 and Section 151 CPC, 1908 has been preferred by the appellant-wife seeking setting aside of the judgment and decree dated 12.05.2022 passed by learned Family Court in HMA No.1030/2012, whereby marriage between the parties has been dissolved under the provisions of Section 13(1) (ia) of the Hindu Marriage Act, 1955.

2. The facts as narrated in the present appeal by the appellant-wife are that her marriage with respondent-husband was solemnized on 18.11.2010 as per Hindu rites and ceremonies.

3. However, she was subjected to cruelty by the respondent, therefore, she filed a complaint before Crime Against Women Cell, Srinivaspuri, New Delhi on 21.10.2011 and another complaint was filed on 15.11.2011 at Police Station Sangam Vihar. According to appellant, on 05.03.2012, she was mercilessly beaten by respondent and his family members and was thrown near her parents house threatening her to never come back. The appellant claims that at the relevant time, she was in the family way and on 03.10.2012, she gave birth to a female child.

4. The

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