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2019 Supreme(UK) 393

ALOK SINGH, RAVINDRA MAITHANI
Vineet Kumar Jain – Appellant
Versus
Archana Garg – Respondent


Advocates Appeared:
I.P. Kohli, Adv., Piyush Garg, Adv.

JUDGMENT :

Ravindra Maithani, J.

In both these appeals, challenge is to the judgment and decree dated 06.08.2013 in Case No.238 of 2008, Vineet Kumar Jain Vs. Smt. Archana Garg (hereinafter referred to as 'the case'), passed by the court of Principal Judge, Family Court, Dehradun.

2. By the impugned judgment and decree, the petition filed by the husband was allowed and decree of judicial separation under Section 10 of the Hindu Marriage Act, 1955 (for short 'the Act') has been granted.

3. Counterclaim filed by the wife for custody of the children has also been decreed.

4. In this judgment, husband Vinod Kumar Jain will be referred to as the appellant and wife Smt. Archana Garg shall be referred to as the respondent.

5. Simple facts of this case have been given complexity by pleadings; long drawn affidavits and extremely lengthy cross-examinations. Married on 12.12.1993, two children were born, out from the wedlock, to the parties. Appellant Vinod Kumar Jain is employed with ONGC and has been posted in different parts of the country. Appellant filed a petition for divorce or in the alternate, for judicial separation, which is basis of the case.

6. According to the petition, since marriage,

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