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2020 Supreme(All) 653

SUDHIR AGARWAL, RAJEEV MISRA
Rashmeet Kaur – Appellant
Versus
Sardar Pushpendra Singh – Respondent


Advocates Appeared:
For the Appellant : Vikrant Pandey, Sharad Sharma.
For the Respondent: Awadhesh Kumar Malviya, Deba Siddiqui.

JUDGMENT :

Rajeev Misra, J.

1. These appeals under Section 19 of Family Courts Act, 1984 (hereinafter referred to as Act, 1984) are directed against common judgement dated 18.10.2016 and decree dated 02.11.2016 passed by Principal Judge, Family Court, Saharanpur in Matrimonial Petition No. 445 of 2011 (Sardar Pushpendra Singh Vs. Smt. Rashmeet Kaur) under Section 13 (1) (ia) of Hindu Marriage Act, 1955 (hereinafter referred to as Act, 1955) filed by Plaintiff-Respondent i.e. husband for divorce, which has been decreed and counter claim raised by Defendant-respondent under Section 9 read with Section 23A of Act, 1955 in above mentioned Matrimonial Petition has been dismissed. Consequently, defendant-respondent has filed two First Appeals detailed above.

2. We have heard Mr. Sharad Sharma, learned counsel for Appellant and Mr. R.K. Jain, learned Senior Counsel assisted by Miss. Deba Siddiqui, learned counsel representing respondent.

3. From record it transpires that Plaintiff-Respondent, Sardar Pushpendra Singh (hereinafter referred to as Plaintiff) instituted Matrimonial Case No. 445 of 2011 under Section 13(1) (i-a) of Act, 1955 vide plaint dated 18.04.2011. According to plaint allegat

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