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2015 Supreme(P&H) 1181

RAJIVE BHALLA, NAVITA SINGH
Ramesh Rani – Appellant
Versus
Lal Chand – Respondent


Advocates:
For the Appellant:Mr. Dheeraj Kumar Narula, Advocate with appellant in person Ramesh Rani.
For the Respondent:Ms. Sharmila Sharma, Advocate with respondent in person Lal Chand.

JUDGMENT

Mr. Rajive Bhalla, J.: (Oral) - The appellant – Ramesh Rani has filed this appeal challenging judgment and decree dated 25.09.2013 passed by the Additional District Judge, Sirsa, dismissing her petition for grant of a decree of divorce.

2. Counsel for the appellant states that a perusal of the evidence reveals that the allegation of desertion has been duly proved. The trial Court should have, therefore, dissolved the marriage. Counsel for the appellant states that he has instructions to state that the appellant shall not claim maintenance/permanent alimony, nor custody/guardianship of the children if the respondent admits the allegation of desertion.

3. Lal Chand son of Kanhaiya Lal, resident of village Darbi, Tehsil and District Sirsa, the respondent is present in person and has been duly identified by his counsel. Lal Chand has filed an affidavit dated 10.09.2015. A relevant extract from the affidavit reads as follows:

“2. That deponent accepts plea of desertion raised by appellant/wife is her petition for divorce and ready to part his ways.

3. That deponent has brought up four children born out of marriage singlehandedly. He submits that appellant will not claim any righ










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