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2023 Supreme(Del) 6035

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Vishnu Dutt Sharma – Appellant
Versus
Manju Sharma – Respondent


Advocates appeared:
Mr. Baldev Raj & Ms. Shikha Tyagi, Advocates, for the Appellant.
Ms. Tanya Aggarwal, Advocate, for the Respondent.

JUDGMENT

Suresh Kumar Kait, J. - The present appeal under Section 19 of the Family Courts Act, 1984 has been filed against the judgment dated 28.01.2020, whereby the learned Principal Judge, Family Court has dismissed the petition filed by the appellant-husband under Sections 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act, 1955") seeking divorce from respondent-wife on the ground of cruelty.

2. The parties got married on 26.02.1993 at Delhi and a female child was born from their wedlock on 06.12.1993.

3. The appellant/husband has alleged that the behaviour of the respondent from the very first day of their marriage was improper and uncooperative and she tried to perturb his and his family's life by filing lodging false and frivolous complaints against all of them.

4. The appellant has alleged that on 29.11.1994, the respondent left her matrimonial home taking away all her istridhan and went to her parent's house. In September, 1995, on the complaint of respondent FIR No. 18/1995, under Sections 406/498A/506/34 IPC was registered at police station Paharganj, New Delhi.

5. On 20.01.1995, appellant filed petition [HMA 332/1995] for divorce befo

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