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2009 Supreme(P&H) 1590

VINOD K.SHARMA
Seema Rathee – Appellant
Versus
Ajay Kumar Rathee – Respondent


Judgment

Vinod K.Sharma, J.

1. This appeal by the appellant / wife is directed against the judgment and decree passed by the learned Addl. District Judge, Sonepat, allowing a petition filed under Section 13 of the Hindu Marriage Act (herein after referred to as the Act) for dissolution of marriage by a decree of divorce.

2. The respondent / husband filed a petition under Section 13 of the Hindu Marriage Act on the pleading, that the marriage between the parties was solemnized on 29.4.1998 at Rohtak according to Hindu Rites and ceremonies. After the marriage the appellant started residing with the respondent in the matrimonial home at Ganaur and the marriage was duly consummated. The appellant resided with the respondent for five days at Ganaur and thereafter for a period of ten months in three spells at Madras. A female child namely Jyotisana, was born out of the said wedlock. It was the case of the respondent/husband that since 8.12.2002, the appellant was residing at Rohtak in her matrimonial home without the consent of the respondent. The father of the appellant had expired on 8.12.2002, and the appellant left the matrimonial home on that very day. It was also pleaded case of the














































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