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2023 Supreme(All) 1287

SAUMITRA DAYAL SINGH, ARUN KUMAR SINGH DESHWAL
Ashok Jha – Appellant
Versus
Pratibha Jha – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Rahul Sahai, Rajeev Kumar
For the Respondent: In Person

JUDGMENT :

Arun Kumar Singh Deshwal, J.

1. Heard Sri Ankit Srivastava, learned counsel holding brief of Sri Rajeev Kumar, learned counsel for the appellant and Smt Pratibha Jha, in person (respondent).

2. Present appeal was filed against the order dated 07.11.2019 of Additional Principal Judge, Family Court, Court No.-2, Ghaziabad passed in Matrimonial Case No.253 of 2014 (Ashok Jha Vs Smt. Pratibha Jha), by which application of the appellant under Section-13(1) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act, 1955') for annulling the marriage of appellant and respondent was rejected.

3. The facts which give rise to the present case are that marriage of the appellant and respondent was solemnized on 19.06.2002. Two children were born out of their wedlock. The appellant filed application under Section-13(1) of the Act, 1955 on 15.02.2014 for dissolving marriage of the appellant and respondent. This application was allowed ex parte by order dated 03.08.2016 and marriage of the parties was dissolved. After the knowledge of the aforesaid ex parte divorce decree dated 03.08.2016, the respondent filed a recall application on 22.11.2017, which was allowed and ex parte ord

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