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2018 Supreme(Raj) 1579

PRAKASH GUPTA
Kalpana Goswami W/o Shri Vipin Sharma – Appellant
Versus
Vipin Sharma S/o Shri Govind Prasad Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Anshuman Saxena
For the Respondent: Mr. Sudhir Jain

JUDGMENT :

1. The instant Civil Miscellaneous Appeal has been preferred filed against the judgment and decree dated 8.1.2016 passed by the Additional Sessions and District Judge, Gangapur City, District Sawai Madhopur (hereinafter referred to as “the trial court”) whereby the learned trial court has allowed the application filed under Section 13-B of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act of 1955”) and passed a decree of divorce.

FACTS IN BRIEF

2. The facts necessary for a fair adjudication of the instant appeal can be briefly summarized as thus: The Appellant Kalpana Goswami and the Respondent Vipin Sharma got married in 2010, 14.7.2010 being the precise date on which their marriage was solemnized. After spending some time with each other, serious disagreements and incompatibility surfaced between them, which made it difficult for them to cohabit with each other as husband and wife even though a child was born out of their wedlock. The appellant thereafter went to her parents’ house and started living with them. After all negotiations to settle their differences failed, the parties filed a petition under Section 13-B of the Act of 1955 before the Family Cou

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