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2023 Supreme(HP) 279

SATYEN VAIDYA
Nain Sukh – Appellant
Versus
Seema Devi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sohail Khan.
For the Respondent: Adarsh Sharma.

JUDGMENT :

SATYEN VAIDYA, J.

1. This is an appeal of the husband against judgment and decree dated 19.06.2010, passed by learned Additional District Judge, Shimla, H.P. Camp at Rohru in H.M.A. Petition No. 1-R/3 of 2006, whereby his petition for dissolution of marriage by decree of divorce under Section 13 of the Hindu Marriage Act (for short “the Act”) has been dismissed.

2. Brief facts necessary for the adjudication of the appeal are that the husband filed a petition for dissolution of his marriage with respondent (wife) alleging inter alia that he was married to the respondent in the year 1987 according to Hindu rites and ceremonies. Two children were born to the parties out of the wedlock. Respondent resided and cohabitated with husband till 1995 and thereafter she started living in the house of her parents. As per husband, the behavior of the respondent since the time of solemnization of marriage with the petitioner and his family members was not good. She used to quarrel with them and would leave her matrimonial house. Their relationship deteriorated to the such extent that it became impossible for husband to live with respondent. Finally, respondent left the company of husband

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