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2014 Supreme(HP) 1963

RAJIV SHARMA
Satish Kumar – Appellant
Versus
Shakuntla Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Nipun Sharma, Advocate.
For the Respondent:Ms. Soma Thakur, Advocate, vice counsel.

JUDGMENT :

Rajiv Sharma, J.

This FAO is directed against the judgment dated 14.8.2013, rendered by the learned Addl. District Judge (III), Kangra at Dharamshala, in HMA Petition No. 7-N/III/06.

2. Key facts, necessary for the adjudication of this appeal are that the appellant has filed the petition under Section 13 (1) (ia) & (ib), of the Hindu marriage Act, 1955 for dissolution of marriage on the grounds of desertion and cruelty. The marriage between the appellant and the respondent was solemnized on 7.10.2002 according to Hindu rites, customs and ceremonies. The respondent resided with the appellant only for about 15 days and thereafter she went to the house of her parents. The respondent started behaving indifferently with the petitioner and she insisted not to stay with him as her marriage was not solemnized with her consent by her parents. The appellant tried to make the respondent understand, but she did not adhere to the appellant. He had also gone on 2.3.2003 and 6.7.2003 to the respondent to bring her back. The parents of the respondent wanted to keep the appellant as 'Khana Damad’ in their house. However, the appellant refused to do so. The respondent subjected the appellant

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