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2020 Supreme(UK) 201

SUDHANSHU DHULIA, ALOK KUMAR VERMA
Dharamveer Singh – Appellant
Versus
Lajwanti Devi – Respondent


Advocates Appeared:
Pooran Singh Rawat, Advocate, Siddhartha Sah, Advocate

JUDGMENT

Alok Kumar Verma, J. - This appeal is filed by the appellant (husband) against the judgment and decree dated 29.05.2014 passed by the Judge, Family Court, Pauri Garhwal in Matrimonial Case No.50 of 2011 Dharamveer Singh vs. Smt. Lajwanti Devi, by which the learned Judge, Family Court declined to grant decree of divorce on the ground of cruelty.

2. The brief facts of the case which are necessary to notice for deciding the appeal are: -

    Admittedly, the appellant got married to the respondent in the month of April, 2008 at Pauri as per the Hindu rites. The appellant was working as Collection Amin at Chaubattakhal, District Pauri Garhwal, whereas the respondent was a house wife. Out of this wedlock, one daughter was borne on 22.06.2009. The daughter is living with the respondent.

    3. On 26.04.2011, the appellant filed a petition for dissolution of marriage under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act, 1955') on the ground of 'cruelty'.

    4. The appellant, in his petition, pleaded following instances which, according to him, construed cruelty within the meaning of Section 13 (1) (i-a) of the Act, 1955 entitling him to claim dissolution of ma

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