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2023 Supreme(UK) 449

VIPIN SANGHI, RAKESH THAPLIYAL
Shakuntala Umrao – Appellant
Versus
Ram Sharan Umrao – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dr. Kartikey Hari Gupta, Mr. Rafat Munir Ali and Ms. Irum Zeba.
For the Respondent: Mr. Ravi Babulkar and Mr. Ravi Bisht.

JUDGMENT :

Sri Rakesh Thapliyal, J.

By the instant First Appeal, the appellant is challenging the judgment and decree dated 18.12.2021 passed by the Judge, Family Court, Pauri Garhwal in Family Court Case No. 60 of 2018 titled as “Smt. Shakuntala Umrao vs. Shri Ram Sharan Umrao”, whereby the suit filed by the appellant-plaintiff under Section 13(1)(ia) and (ib) of Hindu Marriage Act, 1955 for divorce against the respondent-defendant has been dismissed.

2. The facts of the case, which are not in dispute, are as follows:

The marriage of the appellant/plaintiff and the respondent/defendant had been solemnized on 05.02.2016 as per the Hindu rites and customs at Vishwanath Temple, Uttarkashi, District-Uttarkashi. Out of their wedlock, no child was born. In the plaint, it is alleged by the appellant (wife) that the respondent (husband) was not interested in establishing marital relationship and was evading to have marital relationship, which caused mental agony to the appellant and, according to her, the marital life of the appellant got ruined; she had to go to her maternal house third day of her marriage because of this behavior; the respondent (husband) married her only for money, and her

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