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RAJIV SHARMA
Ajay Kumar – Appellant
Versus
Anita Devi – Respondent


Advocates:
Counsel for the Parties:
For the Appellant:Mr. Bhupender Gupta, Senior Advocate with Mr. Neeraj Gupta, Advocate
For the Respondent: None

JUDGMENT

Rajiv Sharma, J.—This appeal has been instituted against Judgment dated 29.10.2007 rendered by learned Additional District Judge, Sirmaur District at Nahan in HMA Petition No. 6-N/3 of 2003.

2. “Key facts” necessary for the adjudication of the present appeal are that appellant has filed a divorce petition under Section 13 of the Hindu Marriage Act, for dissolution of marriage. Marriage was solemnised between the parties in the year 1985 at Naha as per Hindu rites and customs. Relations between the parties remained cordial till October, 1988. However, after October, 1988, respondent subject him with cruelty. In December, 1988, appellant started living separately from the parents. In the year 1990, respondent left the house of the appellant. Thereafter, respondent left the house of the appellant on 8.2.2001 without his consent. Respondent deserted the appellant for a continuous period of about more than two years without any reason and cause. Petition was contested by the respondent factum of marriage is admitted. According to the respondent, appellant wanted to get rid of her. She was not able to conceive a child and hence, appellant intended to solemnise second marriage. She













































































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