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2012 Supreme(UK) 188

PRAFULLA C.PANT, SERVESH KUMAR GUPTA
BEENA DEVI – Appellant
Versus
MADHU RAJ SINGH – Respondent


Advocates:
For the Appellant :Ms. Sheetal Selwal, Advocate
For the Respondent:Mr. Pratul Kumar, Adv., holding brief of Mr. Lokendra Dobhal, Advocate

JUDGMENT

Oral: Hon’ble Prafulla C.Pant, J.

Ms. Sheetal Selwal, Advocate, present for the appellant. Mr. Pratul Kumar, Advocate, holding brief of Mr. Lokendra Dobhal, Advocate, present for the respondent.

2. This appeal, preferred under Section 19 of the Family Courts Act, 1984 is directed against the judgment and order dated 28.8.2010 passed by the Additional Judge, Family Court, Rishikesh in Suit No.59 of 2009, whereby the said Court has allowed the Divorce Petition filed by the husband (present respondent) under Section 13 of the Hindu Marriage Act, 1955.

3. Heard learned counsel for the parties and perused the lower court record.

4. In brief, the facts of the case are that appellant Beena Devi got married to respondent Madhuraj Rawat on 23.1.2007, following the Hindu rites. It appears that after some period, the relations between the two got soured and the appellant started living in her parental house. The present respondent Madhuraj Rawat filed a divorce petition under Section 13 of the Hindu Marriage Act, 1955, stating that the appellant did not allow him to establish conjugal relations. It was also pleaded by the husband that he was subjected to cruelty at the hands of h











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