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2024 Supreme(Online)(DEL) 11009

HIGH COURT OF DELHI
SURESH KUMAR KAIT, NEENA BANSAL KRISHNA, JJ
SUMAN KUMAR BHAN – Appellant
Versus
DURGA BHAN NEE HAIFZ – Respondent


In person with Mr. Saurabh Agrawal & Ms. Komal Mundhra, Advocates.

JUDGEMENT

SURESH KUMAR KAIT, J

1. The appellant in the present appeal under Section 19 of Family Courts Act, 1984 has challenged the impugned judgment and decree dated 14.10.2009 passed by the learned Family Court, Delhi in HMA No.989/2005, whereby his petition seeking dissolution of marriage under Section 13(1)(ia) & (ib) of Hindu Marriage Act, 1956 (hereinafter referred as ‘HMA’) from respondent-wife, has been dismissed.

2. The facts of the case, as enumerated in the present appeal by the appellant, are that appellant-husband and respondent-wife got married on 18.11.1995 as per Hindu Rites and Customs and no child was born out of this wedlock.

3. According to appellant, at the time of marriage, the respondent had not disclosed her correct age and she was actually 08 years elder to him being 45 while appellant was 37 years old.

4. The appellant has alleged that his marriage with respondent was consummated but respondent did not conceive. On 31.03.1995, when he was outstation to Gujarat for his business purpose, the respondent pretended to have conceived, upon which he got very happy and kept enquiring over phone about her well being. However, one week later the respondent t

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