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2006 Supreme(P&H) 1452

SURYA KANT, D.K.JAIN
Charanjit Singh Mann – Appellant
Versus
Neelam Mann – Respondent


Judgment

SURYA KANT, J.

1. This Letters Patent Appeal under Clause X of the Letters Patent is directed against the judgement, dated 23-8-2001, passed by the learned single Judge whereby F.A.O. No. 114-M of 2001 preferred by the respondent-wife against the decree of divorce by mutual consent, dated 3-5-2001, was allowed and the said decree was set aside. The order, dated 10-10-2001, dismissing the Review Application No. 1196-CII of 2001 filed by the appellant against the above-mentioned judgement and order, dated 23-8-2001, is also under challenge.

2. Brief recapitulation of the facts is as follows :-

2.1. The appellant (husband), who is a Captain in Merchant Navy, was married to the respondent (wife) on 9-5-1994 at Ludhiana as per Sikh religious rites and ceremonies. Out of the wedlock a female child, namely, Naseem (renamed as Namrata) was born on 5-10-1995. Unfortunately, the appellant and the respondent could not pull on together and their marital chorus ended abruptly when a petition under Section 10 of the Hindu Marriage Act, 1955 (in short the Act ) for judicial separation, was filed by the appellant on 15-4-1998 in the Court of Additional District Judge at Ambala. Subsequentl


























































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