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2023 Supreme(Del) 5826

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Sandhya Malik – Appellant
Versus
Col Satender Malik – Respondent


Advocates appeared:
Ms. Anu Narula, Advocate with Appellant in person.
Mr. Arvind Chaudhary, Advocate, for LR No.1(a)/Late Smt. Rajwanti Malik.

JUDGMENT (Oral)

1. An Appeal under Section 19 of the Family Courts Act, 1984 has been filed on behalf of the appellant/wife against the judgment and decree dated 04.09.2018 granting divorce under Section 13 (1)(ia) and (ib) of Hindu Marriage Act, 1955 (hereinafter referred to as "the Act, 1955") on the grounds of cruelty and desertion.

2. The parties got married according to Hindu customs and rites on 06.05.1996 at Arya Samaj Mandir, Sheikh Sarai, New Delhi and a daughter Sejal was born from the said wedlock on 21.12.1998. The respondent-husband (petitioner in the divorce petition) was in Indian Army and got posted at different locations. Therefore, the appellant-wife (respondent in the divorce petition) along with the minor, stayed at the parental home of the respondent i.e. the matrimonial home in Noida. She took up a job when the child, was one year old. Later, towards the end of 2000, she along with the child joined the respondent/husband at Manipur, but she came back within six months. In 2002, respondent/husband was posted in U.P, where again the appellant along with the minor joined him. He then got posted in Delhi in 2003. The appellant again took up a job in Delhi. In the ye

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