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2024 Supreme(HP) 419

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
M. S. RAMACHANDRA RAO, CJ, JYOTSNA REWAL DUA
Renu Kumari – Appellant
Versus
Manjit Singh – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Virender Singh Rathore, Advocate

Table of Content
1. factual circumstances surrounding the divorce. (Para 2)
2. allegations of cruelty countered by the respondent. (Para 3)
3. court's findings confirm cruelty by the wife. (Para 4)
4. delay in appeal not justified. (Para 5)

JUDGMENT :

Jyotsna Rewal Dua, J.

1. In this appeal, barred by limitation, the appellant (wife) has assailed decree of divorce granted on 05.11.2023 in favour of the respondent (husband) by the learned Family Court.

2. Admitted facts as reflected in the impugned judgment are :-

2(i) The respondent (husband) filed a petition on 07.01.2017 praying for dissolution of his marriage with the appellant (wife). The petition was filed under Section 13 (1) (ia) & (ib) of the HINDU MARRIAGE ACT 1955 i.e. on the grounds of cruelty and desertion. He, inter alia, pleaded that :-

2(i)(a) Marriage was solemnized between the parties on 28.10.2007. The couple lived as husband and wife only for about a year and half. The appellant (wife) left matrimonial home on 05.05.2009. The parties were blessed with a girl child on 10.10.2009.

2(i)(b) Behaviour of the appellant (wife) never remained normal. She persistently complained of suffering from one illness or the other. The respon

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