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2022 Supreme(P&H) 483

RITU BAHRI, ASHOK KUMAR VERMA
Sushma – Appellant
Versus
Sunil Kumar – Respondent


Advocates Appeared:
Mr. Raghubir Tejpal, Advocate, for the Appellant; Mr. Suneel Ranga, Advocate, for the Respondent.

JUDGMENT

Ashok Kumar Verma, J.- The appellant-wife has come up in appeal before this Court seeking setting aside of judgment and decree dated 05.02.2014 passed by the Additional District Judge, Panipat, whereby petition filed by the respondent-husband under Section 13(1) of the Hindu Marriage Act, 1955 (for short 'the HMA') for a decree of divorce by way of dissolution of marriage, has been allowed.

2. Brief facts of the case are that respondent-husband filed a petition under Section 13(1) of the HMA for a decree of divorce by way of dissolution of marriage pleading therein that marriage between the parties was solemnized according to Hindu rites and ceremonies on 09.07.2005 at Vishanu Nagar, Gohana, District Sonepat, in a simple manner. No dowry was given or taken. The marriage was registered with the Registrar of Marriage at Gohana. The marriage was duly consummated and a male child namely, Gatik was born out of their wedlock. After marriage, parties resided in their home at NFL Township, Panipat. On the first night of the marriage when respondent tried to have sexual relationship with the appellant, he could not penetrate properly. On the next day, he consulted an expert doctor an

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