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2020 Supreme(UK) 363

RAVI V.MALIMATH, NARAYAN SINGH DHANIK
Anita Gaur – Appellant
Versus
Rajesh Gaur – Respondent


Advocates Appeared:
For the Appellant :Kaushal Sah Jagati, Advocate holding brief of L.K. Tiwari, Advocate
For the Respondent:B.D. Pande, Advocate

JUDGMENT :

Narayan Singh Dhanik, J.

1. The challenge in this appeal is to the judgment and order dated 7.12.2016, passed by the Principal Judge, Family Court, Dehradun, in Suit No. 446/2014, whereby the suit of the plaintiff-husband (respondent herein) for dissolution of marriage was decreed.

2. Since all efforts of mediation, at the instance of this Court, failed and the parties could not persuade themselves into a relationship of cordiality, we heard learned Counsel for the rival parties on the merits of this appeal.

3. Facts, to the limited extent necessary for deciding the present appeal, are that the marriage of Sri Rajesh Gaur (plaintiff-respondent) was solemnized with Smt. Anita Gaur (defendant-appellant) on 12.5.1999 as per Hindu customs and ceremonies. Immediately after the marriage, the couple shifted to Mumbai where the plaintiff-respondent was running his business. Two children, namely, Km. Rishita and Master Divanshu born out of the said wedlock. On 3.6.2014, husband (plaintiff-respondent) instituted a suit under Section 13 of the Hindu Marriage Act against the wife (defendant-appellant) seeking decree of divorce on the ground of cruelty. In his plaint, it was alleged by t

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