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2013 Supreme(All) 2678

SAEED-UZ-ZAMAN SIDDIQI
KIRAN SINGH – Appellant
Versus
SHIV KUMAR – Respondent


Advocates:
Counsel :
Mohd. Aslam Khan, Apoorva Tewari and Salil K. Srivastava for the Appellant; Nadeem Murtaza, Abhishek Mishra and L.P. Mishra for the Respondent.

JUDGMENT

Hon’ble Saeed-Uz-Zaman Siddiqi, J.—The instant appeal has been preferred by wife against her husband, challenging the judgment and decree dated 29.5.2009, passed by Smt. Sandhya Choudhary, Additional Civil Judge, Barabanki in regular suit No. 224 of 2007 and judgment and decree dated 20.2.2010, passed in Civil Appeal No. 80 of 2009 by Additional District Judge, Court No. 2, Barabanki, as the wife lost her attempt to get her marriage dissolved under Section 13 of Hindu Marriage Act, 1955 from both the Courts below. It is pertinent to mention here that both husband and wife are Doctor by profession.

2. The appeal was admitted vide order dated 15.4.2010 on following substantial questions of law :

“(b) Whether the learned Courts below while dismissing the suit have failed to consider the well-settled proposition of law that there can be cruelty without any physical violence and there are abundant authority for recognizing mental or moral cruelty and not in frequently, the worst cases supply evidence of both and it is for the judges to review the marital life of the parties in all its aspect?

(f) Whether the learned Courts below are justified in law in dismissing the suit ignori



















































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