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2015 Supreme(P&H) 1969

M.JEYAPAUL, RAJ RAHUL GARG
Vikas Kumar Goyal – Appellant
Versus
Nidhi Garg – Respondent


Advocates:
Advocate Appeared:
For the Appellant : J.K. Goel
For the Respondent: Priyanka Sud

JUDGMENT :

M. Jeyapaul, J.

The appeal is preferred by the petitioner Dr. Vikas Kumar Goyal, aggrieved by the dismissal of the petition filed by him under Section 13 of the Hindu Marriage Act, 1955 praying for grant of a decree of divorce on the ground of cruelty and desertion.

2. The petitioner has alleged that he married the respondent on 1.11.2003. A son was born on 21.9.2004 out of the wedlock. It is alleged that during the last week of January 2004, when the respondent became pregnant, the petitioner as well as the respondent discussed about the continuance of pregnancy. The respondent had an excessive nausea problem. The respondent used abusive language to the petitioner and his family members, when some advice was given by the mother of the petitioner to take precautions at the initial stage of pregnancy. On 23.8.2004, the respondent left the matrimonial house without the consent of the petitioner. The petitioner's parents proposed celebration of Karva Chauth festival and the wedding anniversary of the couple which fell on 31.10.2004 and 1.11.2004 respectively. The mother of the respondent asserted that her family did not believe in any of those rituals, customs and functions. T






















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