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2021 Supreme(All) 1390

K.J.THAKER, SUBHASH CHAND
Rajesh – Appellant
Versus
Neelam – Respondent


Advocates Appeared:
For The Appellant : Hitesh Pachori

JUDGMENT :

Subhash Chand, J.

1. The appellant-husband, Rajesh, has filed the divorce petition against respondent-wife, Neelam, under Section 13 (1) (1-A) of Hindu Marriage Act before the family Court, Amrawati (Maharashtra), which was registered as a matrimonial Case No. 25 of 2005 and same was registered as matrimonial Case No. 48 of 2007. The said divorce petition was transferred by the order of Hon'ble Apex Court to the family Court at Agra.

2. The instant appeal is at the behest of the appellant, Rajesh, against the judgment dated 21.08.2020 and decree dated 01.09.2020, passed by the Additional Principal Judge, Family Court, Agra in Suit No. 25 of 2005 and 48 of 2007 (Rajesh Vs. Smt. Neelam), whereby the divorce petition of appellant was dismissed.

3. The brief facts giving rise to this appeal are that the appellant, Rajesh, filed the petition under Section 13 (1) (1A) of Hindu Marriage Act with these averments that the appellant was married with respondent, Neelam, on 17.02.2001, according to Hindu Rites and Rituals. The marriage between the two was a settled marriage. Initially, the appellant was residing in a joint family along with his elder brothers, their wives, childrens and

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