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2017 Supreme(UK) 338

RAJIV SHARMA, SHARAD KUMAR SHARMA
Dayawati – Appellant
Versus
Vivek – Respondent


Advocates Appeared:
For the Appellant :Mr. Gaurav Singh, Advocate
For the Respondent:Mr. Bhuvnesh Joshi, Advocate

JUDGMENT :

Sharad Kumar Sharma, J.

Being aggrieved against the impugned judgment dated 09.09.2016, whereby the husband’s petition under Section 13 of the Hindu Marriage Act, seeking dissolution of marriage which was held between the parties on 07.02.2010, on the ground of cruelty has been decreed. The said judgment has been put to challenge by the wife in the present appeal. The case of the appellant is that the learned trial Court while interpreting the ingredients of the cruelty have not applied its judicious mind and the findings recorded pertaining to the establishment of cruelty based on the criminal proceedings is not logical and without any basis.

2. Another ground which the wife has agitated while questioning the impugned judgment is that whether the Court below has failed to interpret as to whether the husband has been able to prove the factors of cruelty as laid down under the law for the grant of decree of divorce, because the cruelty is a variable factor which varies with the attitude and temperament of a partner to the marriage and for its securitization and judicious scrutiny, the Court has to consider the surrounding circumstances and facts which has laid for the founda










































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