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2022 Supreme(Online)(All) 29147

ALLAHABAD HIGH COURT
SMT. AMAR KAUR – Appellant
Versus
DEEPAK KUMAR BHALLA – Respondent


Court No. - 03

Case :- FIRST APPEAL DEFECTIVE No. - 212 of 2022

Appellant :- Smt. Amar Kaur

Respondent :- Deepak Kumar Bhalla

Counsel for Appellant :- Najam Uz Zaman Khan

Counsel for Respondent :- Shireesh Kumar Dwivedi

Hon'ble Surya Prakash Kesarwani,J.

Hon'ble Rajendra Kumar-IV,J.

1. Heard Sri Najam Uz Zaman Khan, learned counsel for the defendant-

appellant/ wife and Sri Raghav Arora, learned counsel for the plaintiff-

respondent/ husband.

2. This appeal has been filed praying to set aside the judgment and decree

dated 06.05.2022 in Matrimonial Case No.215 of 2011 (Deepak Kumar Bhalla vs.

Smt. Amar Kaur) passed by the Additional Principal Judge, Family Court, Court

No.01, Aligarh under Section 13 of the Hindu Marriage Act, 1955.

3. Learned counsel for the defendant-appellant submits that at the time of

marriage, the father of the defendant-appellant was not alive and financial

condition of her family was very weak. He submits that the judgment has been

passed ex parte without affording opportunity of hearing to the defendant-

appellant and, therefore, the impugned judgment deserves to be set aside. He

further submits that merely a sum of Rs.2 lacs

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