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2015 Supreme(UK) 372

SERVESH KUMAR GUPTA
MANISHA BHASKAR AHLUWALIA – Appellant
Versus
LT. COL. (FORMERLY MAJOR) SIDDHARTHA AHLUWALIA – Respondent


Advocates:
For the Applicant :Mr. Piyush Garg, Advocate
For the Respondent:Mr. Ramji Srivastava, Advocate

JUDGMENT :

Hon’ble Servesh Kumar Gupta, J.

Having heard the rival contentions of learned counsel for both the parties, it transpires that the impugned order dated 13.3.2015 rendered by the Principal Judge, Family Court, Dehradun, has been challenged primarily on two folds. The first one being that the opinion has been countenanced in the impugned judgment holding as if Mr. Siddhartha Ahluwalia has entered into the second marriage with Ms. Ritu Gupta, ignoring the fact that ex parte divorce decree dated 17.9.2011 was set aside/recalled by the same Court on 6.11.2012, on moving application by Smt. Manisha Bhaskar Ahluwalia (first legally wedded wife) on 1.11.2011, in this regard.

2. It was argued by learned counsel for the petitioner that in disregard of the waiting period, as contemplated under the Hindu Marriage Act for preferring an appeal, the respondent allegedly entered into the second marriage with Ms. Ritu Gupta, and so the validity of the subsequent marriage is still subjudice and being disputed, but the observation of the learned Principal Judge, Family Court, as made in the impugned order, gives a reflection as if the respondent has entered into a legally wedded 2

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