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2017 Supreme(UK) 374

RAJIV SHARMA, SHARAD KUMAR SHARMA
Satish Kumar – Appellant
Versus
Poonam – Respondent


Advocates Appeared:
For the Appellant :Mr. Arvind Vashisth, Senior Advocate assisted by Mr. Ashish Sinha, Advocate
For the Respondent:Mr. Siddhartha Bisht, Advocate

JUDGMENT :

Sharad Kumar Sharma, J.

1. The appellant-husband questioning the judgment dated 16.04.2016 passed by the learned Additional Judge, Family Court, Roorkee, District Haridwar in OS. No. 397 of 2014 “Satish Kumar Vs. Smt. Poonam”, where the learned family Court Roorkee, had disposed of the petition by rejecting the relief claimed by the appellant-husband under Section 13(1)(i-a) of the Hindu Marriage Act, seeking a relief for dissolution of marriage.

2. The relief as claimed by the appellant in the instant appeal, while questioning the veracity of the judgment dated 16.04.2016 is that apart from the judgment being contrary to the pleadings and the material placed before the Court below, the learned family Court has not considered the evidence and the pleading in its correct perspective and has recorded a perverse finding while rejecting the plea taken under Section 13 of the Hindu Marriage Act. Learned counsel for the appellant submits that since the dissolution of marriage was simpliciter on the ground of cruelty and he submits that the factum of cruelty was established by him but the same was not rightly appreciated in its true spirit by the learned family Court, and also as























































































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