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2011 Supreme(UK) 716

PRAFULLA C.PANT, SUDHANSHU DHULIA
Mandakini Shah W/o Sri Subrat Singh Dharamwal – Appellant
Versus
Subrat Singh Dharamwal S/o Sri Pooran Singh Dharamwal – Respondent


Advocates Appeared:
For the Appellant :Mr. Pradeep Hairiya, Advocate.

JUDGMENT :

Prafulla C. Pant, J.

This appeal, preferred under Section 19 of the Family Courts Act, 1984, is directed against the judgment and order dated 30th of April 2010, passed by Judge, Family Court, Nainital, in Suit No. 21 of 2006, and Civil Misc. Case No. 07 of 2007, whereby said court has dismissed the petition filed by the wife under Section 13 of the Hindu Marriage Act, 1955. The trial court has further dismissed the application moved under Section 27 of said Act.

2. Heard learned counsel for the appellant and perused the lower court record. No one turned up on behalf of the respondent Subrat Singh Dharamwal, even after there being sufficient service on him.

3. Brief facts of the case are that appellant Mandakini Shah got married to respondent Subrat Singh Dharamwal on 02.12.2002, at Delhi, following Hindu rites. Their marriage was registered at Gurgaon on 12th of March 2003. A son was born out of the wedlock on 02.03.2006 at Haldwani (parental place of the appellant). It appears that thereafter, relations between the parties to matrimony soured. The appellant appears to have got lodged first information report, registered as Crime No. 1233 of 2006, relating to offences punis












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