SAHANA PAL Vs. U.K. SAMANTA

JUDGEMENT

(1.) This appeal, preferred under Section 28 of the Hindu Marriage Act, 1955 (HMA) assails the judgment/ order dated 30.08.2010 passed by Ms.Seema Maini, ADJ (3) North, Tis Hazari Courts, Delhi in HMA No.125/2009 preferred by the appellant/petitioner/wife under Section 13(1)(ia) of the HMA seeking a decree for dissolution of marriage on the ground that, after the solemnization of the marriage, the respondent/ husband treated the petitioner/wife with cruelty. The learned ADJ dismissed the divorce petition by the impugned judgment.

(2.) The marriage between the petitioner and the respondent was solemnized on 22.10.2006 as per the Hindu rites and ceremonies at Durga Bari, Greater Kailash Part-I, New Delhi. At the time of the marriage, the petitioner/ wife and the respondent/ husband were 41 and 48 years of age respectively. The respondent was a divorcee. For the petitioner/ wife, it was the first marriage.

(3.) The case of the appellant/ petitioner was that after the marriage, the parties cohabited as husband and wife. However, no issue was born out of their wedlock.