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2000 Supreme(P&H) 134

SWATANTER KUMAR
Balwinder Singh – Appellant
Versus
Raj Rani – Respondent


Judgment

Swatanter Kumar, J.

1. This appeal is directed against the judgment and decree dated 16.9.1998 passed by the learned Additional District Judge, Ambala.

2. The appellant Bal winder Singh was married to respondent No. 1 Raj Rani on 26.2.1993 at Chandigarh according to Hindu rites. This marriage between the parties began on unhappy note and the differences arose between them right at the initial stage. These differences were so serious that the husband filed a petition for divorce on 6.11.1993 on the ground of cruelty and desertion. On 17.11.1994, an ex parte decree was passed against the wife. On 30.6.1994, the wife filed an application for setting aside the ex parte decree, on which issues were framed and the decree was set aside on 10.9.1997. The petition was, thus, contested by the wife on merit and ultimately the petition was dismissed by the learned Additional District Judge, Ambala, vide impugned judgment and decree, which has been assailed in this appeal. It may be noticed here that during the pendency of the petition, an injunction order was passed against the husband on 1.7.1994 restraining him from conducting another marriage. The husband took up a plea that he was











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