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2023 Supreme(HP) 418

VIVEK SINGH THAKUR
Rakesh Kumar – Appellant
Versus
Shashi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Divya Raj Singh Thakur.
For the Respondent: Y.P.S. Dhaulta.

JUDGMENT :

VIVEK SINGH THAKUR, J.

1. This appeal, under Section 28 of the Hindu Marriage Act, has been preferred by the husband-appellant against the judgment and decree dated 30th April, 2012, passed by the District Judge, Una in HMA Petition No. 25 of 2009 titled Rajesh Kumar vs. Shashi whereby petition preferred by husband-appellant under Section 13(1)(ia), 13(1)(ib) of Hindu Marriage Act, 1955, for dissolution of marriage on the ground of cruelty and desertion, has been dismissed.

2. I have heard learned counsel for parties and have also gone through record as well as case law, referred during the arguments.

3. Marriage of husband-appellant and wife-respondent was solemnized in the year 1991 as per Hindu Rites and Ceremonies. Out of wedlock, during co-habitation after marriage, three daughters and one son were born. According to husband, in December, 1999 respondent/wife complained about interference by mother of husband in liberty of wife in absence of appellant and she compelled the appellant to live separate from his mother, as she expressed unwillingness to look after his old aged mother for an indefinite period, but he being only son was unable to leave his mother whereupon th

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