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VINOD K.SHARMA
Bhavna @ Sahar Wasif – Appellant
Versus
Flf. Off. Rajiv Gakhar – Respondent


Counsel for the Parties:
For the Appellant:Mr. G.S. Bhatia Mr. J.S. Bhatia, Advocates.
For the Respondent:Mr. R.K. Malik, Sr. Advocate with Mr. S.S. Malik & Mr. Vikas Malik, Advocates.

JUDGMENT

Vinod K. Sharma, J.—This appeal by the appellant/wife is directed against the judgment and decree dated 07.03.2006 passed by the learned Additional District Judge-I, Faridabad on a petition filed by the respondent/husband for dissolution of marriage by a decree of nullity under sections 5 and 12 of the Hindu Marriage Act (for short the Act).

In order to appreciate the controversy between the parties it would be appropriate to reproduce the averments made in the petition in toto:

“1. That the marriage between the parties was solemnized on 28th November, 1999, at Arya Samaj Mandir, Rathkhana, Bikaner, according to the Hindu rites and ceremonies. The respondent (Bhavna) gave a written affidavit to the Arya Samaj for the performance of the ceremony, that she is a spinster and has never been married before in the past. An affidavit duly attested affirming the place and date of marriage is enclosed.

2. That the status of the parties to the petition at the time of marriage and at the time of filing this petition (which came to knowledge of the petitioner subsequent to marriage) are as under:

3. That no issue was born out of the said wedlock. Actually, the parties never ever l









































































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