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2014 Supreme(HP) 2038

RAJIV SHARMA
DEEPA KUMARI CHAUHAN – Appellant
Versus
ASHWANI K. LAL – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Rakesh Kumar Dogra, Advocate
For the Respondent:K.D. Sood, Sr. Advocate and Mukul Sood, Advocate

JUDGMENT :

RAJIV SHARMA, J.

1. This appeal is instituted against judgment and decree dated 23.12.2013 rendered by learned District Judge (Forests), Shimla in Hindu Marriage Petition No. 6-S/3 of 13/09.

2. "Key facts" necessary for adjudication of the present appeal are that marriage between the appellant and the respondent was solemnized on 24.10.2007 as per Hindu rites, in village Kotli (Bir), Tehsil Baijnath, District Kangra, Himachal Pradesh. Parties remained together from 26.10.2007 to 11.11.2007, thereafter from 17.11.2007 to 10.12.2007 and finally from 30.12.2007 to 15.3.2008. Respondent filed a petition u/s 13 (1) of the Hindu Marriage Act, 1955 seeking divorce from the appellant. According to the respondent, the appellant left the company of the respondent and did not come back after 15.3.2008. Conduct of the appellant has caused mental agony to the respondent. Appellant was not discharging matrimonial obligations as a normal wife. She used to quarrel with the respondent on one pretext or the other. She tried to assault the respondent in the month of November 2007. One Shri Tarun Vaid who was next door neighbour of the respondent, saved the situation. She was giving open threa

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