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2021 Supreme(HP) 939

VIVEK SINGH THAKUR
Sangita Sharma – Appellant
Versus
Rohit Kalia – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Y.P. Sood
For the Respondent: Mr.J.L. Bhardwaj,

JUDGMENT :

Vivek Singh Thakur, J.

Contesting parties herein are husband and wife, who are parents of one son and hereinafter, for convenience, they shall be referred as husband and wife or father and mother as the reference may be.

2. Undisputed facts in present case are that marriage between Rohit Kalia (husband) and Sangita Sharma (wife) was solemnized on 25.4.2012 in accordance with Hindu rites and rituals. Marital life of couple was neither healthy nor happy, however out of wedlock, couple was blessed with son ‘Yuvan Kalias alias Aadvik Sharma’ on 28.10.2014, who, as such, now is about 6 and ½ years old.

3. For bitterness in relations for so many reasons, husband and wife had initiated various proceedings under various enactments against each other but involving other family members also.

4. Wife had preferred complaint under Section 12 of Protection of Women from Domestic Violence Act, complaint converted into FIR No. 284 of 2015 under Sections 406, 498-A IPC, registered in Police Station, Haroli, petition for maintenance under Section 125 Cr.P.C. and a petition for divorce under Section 13(1) (ia) and 13 (1)(ib) of Hindu Marriage Act for dissolution of marriage in Courts at Una. W

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