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1996 Supreme(P&H) 781

SAROJNEI SAKSENA
Suresh Bala – Appellant
Versus
Rajbir Singh – Respondent


Judgment

1. By this order two appeals, FAO No. 5-M of 1993 filed by wife/ widow Suresh Bala and FAO No. 796 of 1995 filed by Ratna Devi against General Public, Suresh Bala, Sapna, State of Haryana, SSP Sonepat and DGP Haryana are being decided.

2. The facts of FAO No. 5-M of 1993 are that deceased Rajbir Singh was married to Suresh Bala on May 30, 1980, according to Hindu rites at Village Matindu. In this wedlock Suresh Bala gave birth to Seenla in Feb. 1982 and to Sonu in Oct. 1985. Seema died in 1986. Since 1988-89 the parties are living separately. Suresh Bajas elder sister Bimla was married to Rajbirs elder brother Kashmiri. She died of cancer in Feb. 1988. Suresh Bala filed a petition under Sec. 125, Cr. P.C. against Rajbir Singh. Thereafter Rajbir Singh filed this petition on Jan. 17, 1991, in the lower Court.

3. In the divorce petition, husband Rajbir Singh sought divorce on the grounds of cruelty, desertion and adultery. He averred that in this wedlock Seema was born in Feb. 1982 at village Kiloi where his parents reside. After five years Seema died in village Matindu due to negligence of Suresh Bala and her father. She never allowed Rajbir Singh to bring Seema to village Ki

















































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