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2018 Supreme(HP) 781

SANDEEP SHARMA
Himanshu Nagpal – Appellant
Versus
Palak – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. K.D. Sood, Senior Advocate with Mr. Sanjeev Sood, Advocate.
For the Respondent:Mr. Ramakant Sharma, Senior Advocate with Ms. Devyani Sharma, Advocate.

JUDGMENT :

SANDEEP SHARMA, J.

1. By way of present appeal filed under S. 28 of the Hindu Marriage Act (hereinafter, ‘Act’), challenge has been laid to order dated 22.5.2018 passed by the learned District Judge, Kangra at Dharamshala in HMA Case No. 09/III/2018, whereby joint petition having been filed on behalf of the appellant and respondent, under S. 13B(2) of the Act, for dissolution of marriage by a decree of divorce with mutual consent, came to be dismissed.

2. Briefly stated the facts, as emerge from the record are that the marriage between the parties was solemnized on 14.10.2016 at Budhamal Castle, Palampur, Tehsil Palampur, District Kangra, H.P., as per Hindu rites and customs but they were not able to live together for long on account of certain differences and as such, they, of their own volition and without there being any undue pressure, filed a joint petition under S. 13B(2) of the Act, praying therein for dissolution of their marriage by way of decree of divorce with mutual consent. One of the parties i.e. appellant-husband, Himanshu Nagpal, who resides abroad, executed a Special Power of Attorney authorizing his father, Shri Surya Prakash Nagpal, to move a joint petiti














































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