Kamlesh Thakur vs Sushil Thakur - 2023 Supreme(HP) 566

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(HP) 566

VIVEK SINGH THAKUR, SANDEEP SHARMA
Kamlesh Thakur – Appellant
Versus
Sushil Thakur – Respondent

Advocate Appeared:
For the Appellant :Mr. Ajay Kochhar, Senior Advocate with Mr. Vivek Sharma and Mr. Anubhav Chopra, Advocates.
For the Respondent:Mr. G.C. Gupta, Senior Advocate with Ms. Meera Devi, Advocate.

JUDGMENT :

Sandeep Sharma, J.

Being aggrieved and dissatisfied with judgment dated 14.8.2019, passed by the learned District Judge, (Family Court) Shimla, District Shimla in HMA Petition No. 5-S/3 of 2019/14, whereby petition filed under Section 13 (1) (i-a) of the Hindu Marriage Act (herein after referred to as “the Act”), praying therein for decree of divorce by way of dissolution of marriage on the ground of cruelty having been filed by the respondent-husband came to be allowed, appellant-wife has approached this Court in the instant appeal filed under Section 19 of the Family Courts Act read with Section 28 of the Act, praying therein to set-aside the aforesaid judgment.

2. For having bird’s eye view, facts which may be relevant for adjudication of the case at hand are that marriage inter-se parties to the lis was solemnized on 10.5.2005 at village Ani, as per Hindu Rites and ceremonies and out of their wedlock, one daughter named Ms. Swastika was born on 8.3.2006. Though initially, parties to the lis lived together cordially, but subsequently, on account of certain differences, marital relations inter-se them became sour. Father of the respondent-husband was compelled to reside a