TINA GUPTA Vs. VISHAL GUPTA

JUDGEMENT

(1.) The appellant i.e. Tina Gupta vide the present appeal under Section 28 of the Hindu Marriage Act, 1955 as amended has assailed the impugned judgment and decree dated 06.10.2007 of the learned Additional District Judge, Delhi in HMA No. 801/06, whereby the marriage between the appellant and the respondent to the said divorce petition HMA No. 801/06 also arrayed as the respondent to the present appeal (since deceased) and who is now represented by his father was dissolved by a decree of divorce through mutual consent, it having been observed by the learned Trial Court that both the petitioners of the said petition i.e. Tina Gupta and Vishal Gupta could not live together as they have reached to a point of no return and their marriage had broken down irretrievably.

(2.) The challenge to the said impugned order dated 06.10.2007 seeks the setting aside of the said judgment and decree submitting to the effect that the said decree of divorce is a nullity in the eyes of law and against the cannons of acceptability and that divorce cannot be fastened on a litigant unilaterally and arbitrarily in the event of the litigant having not expressed his or her inclination to consent for a mutual consent divorce.

(3.) Arguments were addressed on behalf of either side by their learned counsel.