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2024 Supreme(Del) 489

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Kitty Bhardwaj – Appellant
Versus
Lalit Pyare Lal Bhardwaj – Respondent


Advocates appeared:
Mr. Kunal Kishore, Advocate, for the Appellant; Mr. Jivesh Kr. Tiwari, Advocate, for the Respondent

JUDGMENT

Suresh Kumar Kait, J. - The present Appeal under Section 19 of the Family Courts Act, 1984 has been filed by the appellant-wife against the judgment and decree dated 29.11.2018 passed by the learned Family Court in HMA No. 1036/2014, whereby the petition seeking dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955 filed by the respondent has been allowed.

2. The respondent-husband had initially filed a divorce petition before the Family Court, Bandra, Mumbai however, subsequent to appellant-wife moving transfer petition before the Hon'ble Supreme Court, the trial of the case was transferred to the jurisdiction of Delhi Courts and thus, the matter was listed before the Family Court, Saket, New Delhi.

3. The marriage was solemnized on 15.04.1973 in New Delhi and registered in Mumbai. Both parties are Hindus and American citizens, holding 'Overseas Citizen of India' status. Two children were born out of this wedlock. After about 41 years of marriage, the respondent-husband sought divorce from the appellant.

4. According to appellant, the respondent in his petition filed before the learned Family Court, averred that at the time of marriage between the pa

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