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2014 Supreme(P&H) 1570

AJAY KUMAR MITTAL, RAJ RAHUL GARG
Umesh Sharma – Appellant
Versus
Suvira Sharma – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Surya Parkash, Advocate
For the Respondent:S.S. Narula, Advocate

JUDGMENT :

Ajay Kumar Mittal, J.

By way of instant appeal, the appellant-husband has challenged the judgment and decree dated 12.3.2014, whereby petition under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 (In short, "the Act") for dissolution of marriage by a decree of divorce on the ground of cruelty filed by the appellant was dismissed by learned Additional District Judge, Panchkula.

2. Briefly stated, the facts necessary for adjudication of the instant appeal as narrated therein may be noticed. The marriage between the parties was solemnized on 12.12.1990 at Panchkula in accordance with Hindu rites and ceremonies. Out of the said wedlock, two sons, namely, Akhil and Nikhil were born on 11.2.1992 and 4.9.1994. After the marriage, the parties lived together as husband and wife at House No. 493, Sector 12, Panchkula till October, 1999. Thereafter, due to differences, the parties could not adjust with each other and started living separately since October, 1999. Accordingly, the appellant filed a petition under Section 13 of the Act for a decree of divorce on the ground of cruelty. The Additional District Judge, Panchkula vide judgment and decree dated 12.3.2004 dismissed the sa



















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