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2023 Supreme(P&H) 548

ARVIND SINGH SANGWAN
Roshan Lal – Appellant
Versus
Veena Rani – Respondent


Advocates appeared:
Mr. Pushpinder Kaushal, Advocate, for the Appellant; Mr. Sarju Puri, Advocate, for the Respondent

JUDGMENT

Arvind Singh Sangwan, J. - The present contempt petition is filed alleging that the respondent-wife has performed second marriage during the pendency of FAO No.290-M-2008 vide which the petitioner-husband has challenged the judgment and decree dated 19.8.2008 granting decree of divorce in favour of respondent-wife.

2. Counsel for the petitioner submits that the following certain dates and events are relevant in the present case :-

4.11.2005

The marriage of the petitioner was performed with the respondent.

4.7.2006

The respondent alleging cruelty and desertion filed an FIR under Sections 406, 498-A, IPC against the petitioner.

27.8.2006

A girl child was born out of this wedlock.

16.9.2006

The respondent filed petition under Section 13 of the Hindu Marriage Act for dissolution of marriage by decree of divorce on the ground of cruelty and desertion. Application filed under Section 24 of the Hindu Marriage Act, 1955 claiming maintenance pendente lite and litigation expenses were also filed.

9.1.2008

The maintenance pendente lite was awarded from the date of application, i.e. 29.7.2006.

5.8.2008

As the petitioner-husband failed to clear the arrears approximately Rs.58,000/-, his defence was

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