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2018 Supreme(P&H) 4212

M.M.S.BEDI, ANUPINDER SINGH GREWAL
Sinder Kaur – Appellant
Versus
Surinder Singh – Respondent


Advocates Appeared:
Ashish Grover, Advocate, for the Appellant; None, for the Respondent

JUDGMENT

M.M.S. Bedi, J. (Oral) - Appellant Sinder Kaur wife of respondent Surinder Singh, has preferred this appeal against the judgment and decree dated 25.09.2007 allowing petition under section 13 of the Hindu Marriage Act filed by the respondent-husband and granting decree of divorce to the respondent-husband on the ground of desertion only.

2. It is pertinent to observe here that the respondent-husband had obtained an ex parte decree of divorce on 19.10.2001 from the Court of Shri D.S. Sheoran, Additional District Judge, Jagadhari. The appellant-wife filed an application under Order 9, Rule 13 CPC as a result of which ex parte decree of divorce dated 19.10.2001 was set aside and the divorce petition of the respondent-husband was ordered to be considered after enabling the appellant to file written statement.

3. The original claim of the respondent in his petition under section 13 of the Hindu Marriage Act was that the parties had married on 12.04.1989 at Ludhiana. Thereafter, a son was born on 30.12.1990 at Yamunanagar. The appellant-wife allegedly, on 30.09.1991, had gone to Ludhiana along with her brother on the pretext of seeing her ailing mother but she did not return desp

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