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2014 Supreme(P&H) 1469

AJAY KUMAR MITTAL, SNEH PRASHAR
Harmeet Kaur – Appellant
Versus
Amritpal Singh Kang – Respondent


Advocates:
For the Appellant :G.P.S. Bal, Advocate
For the Respondents:Jagjit Singh, Advocate

Sneh Prashar, J.

1. This appeal under Section 28 of the Hindu Marriage Act was filed by Harmeet Kaur-appellant assailing the judgment and decree of divorce dated 30.11.2013 passed by the learned Additional District Judge (FCT), Rupnagar in H.M. Act Case No. RT 63 dated 22.07.2011 dissolving her marriage with Amritpal Singh-respondent petitioner. Amritpal Singh Kang-respondent was married to appellant-Harmeet Kaur on 15.01.1990 at Village Kotla Dadheri as per Sikh rites and ceremonies. After the marriage, the parties lived and cohabited together at Morinda upto 1996 and two children, namely, Amanpreet Kaur and Sharanpreet Singh were born out of their wedlock, who are since residing with the respondent.

It was alleged that in the year 1996, Amritpal Singh went to USA and it was decided by the parties that as and when he gets citizenship or green card, he would migrate his entire family to USA. However, he could not settle in USA and shifted to Canada where also he was not given permanent rights and therefore, he came back to India in the month of June 2010.

Amritpal Singh pleaded that during his absence, Harmeet Kaur had lived for 17-18 years in his house at Morinda and he carried on to




































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