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2023 Supreme(Online)(DEL) 8615

HIGH COURT OF DELHI
NEETU GROVER – Appellant
Versus
GAGAN GROVER – Respondent


JUDGMENT

SURESH KUMAR KAIT, J

1. The present appeal under Section 28 of the Hindu Marriage Act, 1995 read with Sections 11 and 23 of the Act has been filed seeking setting aside/quashing of the judgment and decree of nullity dated 23.10.2007 in HMA No.396/2003 whereby marriage between the parties has been declared null and void.

2. The parties to the present petition were married as per Hindu rites and ceremonies on 04.12.1998 in Delhi and out of this wedlock a female child was born on 28.08.1999. The respondent-husband has preferred a petitioner to declare the marriage between the parties as void ab initio being in MAT.APP.(F.C.) 35/2023 Page 1 of 14 Signature Not Verified Digitally Signed contravention of subsection 4 of Section 5 of the Hindu Marriage Act.

3. The learned trial Court while passing the impugned judgment noted the contention of respondent-husband, which in nutshell is as under:-

i. The respondent has alleged that the appellant-wife was aggressive, non-adjusting and demanding since the beginning of their marriage.

ii. The father of appellant-wife happens to be the cousin of his father.

iii. On the silver jubilee celebration of the parents of respondent-

husband, both the fa

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