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2023 Supreme(UK) 226

VIPIN SANGHI, RAKESH THAPLIYAL
Raj Kapoor – Appellant
Versus
Sarika Tandon – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. B.D. Kandpal, learned counsel.

JUDGMENT :

Rakesh Thapliyal, J.

1. The present First Appeal is preferred under Section 19 of the Family Courts Act, 1984 against the ex-parte judgment and decree dated 31.05.2022, passed by the Judge, Family Court, Kashipur, District Udham Singh Nagar in Original Suit No. 198 of 2020 Raj Kapoor vs. Smt. Sarika Tandon. By the said ex-parte judgment and decree, the petition filed by the appellant-husband under Section 12 of Hindu Marriage Act, 1955 seeking the declaration that the marriage solemnized on 30.06.2020 be declared as void, is dismissed.

2. The facts of the appellant’s case may be briefly stated as follows :

    The plaintiff/appellant got married with defendant-respondent Smt. Sarika Tandon on 30.06.2020. There was no demand of dowry, and the marriage was solemnized in the presence of their relatives. The entire expenditure of marriage at Hotel, Meals etc. was borne by the father of the plaintiff-appellant. After the marriage, the appellant-plaintiff tried to make physical relations with his wife on the first night, however, the defendant said that she is unwell and she does not want to make relations and on this, the plaintiff got annoyed with the defendant-respondent. After 2-3

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          Judicial Analysis

          None of the cases listed explicitly indicate that they have been overruled, reversed, or treated as bad law. The case law list provided does not contain any language or markers that suggest a negative judicial treatment, such as "overruled," "reversed," or "criticized." Therefore, based solely on the information available, there are no cases identified as bad law.

          Followed / Affirmed Treatment:

          Kanthy Balavendram VS S. Harry - 1953 0 Supreme(Mad) 242: Constitution of impotency.

          Explanation: The case law appears to be a foundational constitutional provision or principle, which typically remains authoritative unless explicitly overruled. No indication of subsequent treatment is provided.

          Samar Ghosh VS Jaya Ghosh - 2007 3 Supreme 26: Unilateral decision of refusal to have intercourse for considerable period without there being any physical incapacity or valid reason may amount to mental cruelty. 2. Unilateral decision of either husband or wife after marriage not to have child from the marriage may amount to cruelty. 3. Sustained reprehensible conduct, studied neglect, indifference or total departure from the normal standard of conjugal kindness causing injury to mental health or deriving sadistic pleasure can also amount to mental cruelty.

          Explanation: The detailed description suggests this is a considered legal principle or guideline, likely still valid unless explicitly overturned. No evidence from the list indicates it has been overruled or criticized.

          Distinguished / Clarified Treatment:

          None explicitly indicated. The list does not include language suggesting these cases have been distinguished or clarified in later rulings.

          Uncertain / Ambiguous Treatment:

          Both cases lack references to subsequent judicial treatment, citations, or commentary that clarify whether they have been affirmed, criticized, or overruled. Therefore, their current legal standing remains uncertain based on the provided data.

          Both cases are presented without any subsequent treatment indicators. It is unclear whether they have been upheld, criticized, or overruled in later decisions, making their current legal status uncertain.

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