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2010 Supreme(P&H) 2182

RAJESH BINDAL
Kewal Singh – Appellant
Versus
Veerpal Kaur – Respondent


Advocates:
For the Appellant:Mr. Surinder Garg, Advocate.
For the Respondent:Mr. M. K. Garg, Advocate.

JUDGMENT

Rajesh Bindal J.:- Challenge in the present appeal is to the judgment of the learned court below whereby petition filed by the respondent-wife under Section 13 of the Hindu Marriage Act, 1955 (for short, “the Act”) for divorce, was allowed.

2. Briefly the facts of the case are that the marriage of the parties was solemnised as per Sikh rites on 5.10.2005 at Kotkapura. After the marriage, the parties resided at their matrimonial home. The marriage was consummated but no child was born out of the wedlock. It was alleged that after some time of the marriage, the husband started treating the wife with cruelty. On 15.4.2006, she was turned out of the matrimonial home. Since then she is living with her parents. Number of efforts were made by the parents of the respondent wife for rehabilitation but all in vain which resulted into filing of petition seeking divorce.

3. The respondent filed reply to the petition denying all the allegations levelled against him and stated that the respondent wife is living separate from him without any reasonable cause and excuse. It was also averred that he is still ready to take her back but she is not ready to join his company. The petition for d















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