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2020 Supreme(All) 690

SUDHIR AGARWAL, RAJEEV MISRA
Rajesh Kumar Singh – Appellant
Versus
Suman Yadav – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Pramod Kumar Sharma, Ashutosh Singh and Manish Kumar Niranjan
For the Respondent: Pradeep Kumar, Praveen Kumar and Rama Goel Bansal

ORDER :

Rajeev Misra, J.

1. This is plaintiff's appeal under section 19 of Family Court's Act 1984 (hereinafter referred to as "Act, 1984") arising out of judgment and decree dated 15.05.2010 passed by Civil Judge (Senior Division) Etawah in Case No. 199 of 2002 (Rajesh Kumar Singh Vs. Smt. Suman Yadav) under section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as "Act, 1955") whereby, marriage petition filed by Plaintiff-Appellant for divorce on the ground of 'cruelty' has been dismissed. We may mention here that copy of decree dated 15.05.2010 has not been appended alongwith memo of appeal nor same has been filed subsequently. We therefore have examined original record to ascertain the same. Since decree dated 15.05.2010 passed by Court below is on record, we have proceeded with the matter.

2. We have heard Mr. Ashutosh Singh, learned counsel for Plaintiff-Appellant (hereinafter referred to as 'Appellant') and Mr. Praveen Kumar, learned counsel representing Defendant-Respondent (hereinafter referred to as 'Respondent').

3. According to plaint allegations, marriage of Appellant was solemnised with respondent on 09.02.1999 in accordance with Hindu Rites and Customs. After ma

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