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2019 Supreme(All) 1564

SUDHIR AGARWAL, RAJEEV MISRA
Sarita – Appellant
Versus
Vikas Kanaujia – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sujeet Kumar.
For the Respondents: Ravi Kiran Jain, A.K. Srivastava, A.P. Paul, B.B. Paul, Deba Siddiqui, Gautam, Mohd. Shamim, Sumit Srivastava.

JUDGMENT :

Rajeev Misra, J.

1. This is defendant's appeal under Section 19 of Family Courts Act, 1984 (hereinafter refereed to as ‘Act 1984’) challenging judgment and decree dated 20.12.2006, passed by Principal Judge, Family Court, Meerut in Matrimonial Case No. 123 of 2003, Dr. Vikas Kannaujia vs. Dr. Sarita, under Section 13 (i) of Hindu Marriage Act 1955 (hereinafter referred to as ‘Act 1955’), whereby Court below has decreed suit of plaintiff respondent and consequently, annulled marriage of parties from the date of judgment i.e. 20.12.2006.

2. We have heard Mr. Sujeet Kumar, learned counsel for defendant-appellant, Mr. Ravi Kiran Jain, learned Senior Counsel assisted by Mr. A.P. Paul, learned counsel appearing for plaintiff-respondent.

3. According to plaint allegations, marriage of plaintiff respondent, was solemnized with defendant-appellant on 20.2.2002 at Delhi in accordance with Hindu Rites and Customs. After marriage defendant-appellant came to her marital home i.e. house of plaintiff- respondent situate at Tope Khana Bazar, Meerut Cant, District Meerut. It is the case of plaintiff-respondent that consummation of marriage took place on the first night of defendant-appellant

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