LAWS(SC)-2021-9-154

POONAM Vs. SURENDER KUMAR

Decided On September 29, 2021
POONAM Appellant
V/S
SURENDER KUMAR Respondents

JUDGEMENT

(1.) Marriage between the parties was solemnized on 9/6/2002 as per Hindu rites, but it appears that there were problems from the very inception for which the appellant blames not only the respondent but the family members too. It is on 9/9/2003 that the appellant filed a petition on grounds of cruelty and desertion under Sec. 13 of the Hindu Marriage Act, 1955. The petition was however dismissed on 4/1/2006 predicated on a reasoning that the real brother of the appellant had deposed against her. The claim of the appellant is that the testimonies of the brother of the appellant Subhash Chand and her bhabhi Rani Devi in whose presence the harassment of the appellant took place have been ignored while giving credence to the testimony of the other brother of the appellant who stayed separately from the family and is not even on talking terms with her parents.

(2.) The aforesaid judgment was challenged in appeal and by the impugned judgment dtd. 5/11/2009, the appeal was dismissed.

(3.) In the present proceedings assailing the impugned order notice was issued initially on 15/2/2010 and the matter was referred to mediation vide order dtd. 10/9/2010. Nothing apparently worked out and ultimately leave was granted on 29/10/2010.