INDRA SHARMA Vs. VARINDER SHARMA

JUDGEMENT

(1.) THIS is an unfortunate matrimonial litigation where Ms. Indra Sharma was married to Varinder Sharma on 11.9.1993 in Oxford, U.K. They lived together for a short time, and as it appears from the record, temporary differences started between the parties sooner than one could imagine. The husband claims that he came back to India on 17.9.1994, while the wife, who was employed, continued to live in U.K. Shorn of other unnecessary details, the fact of the matter is that the husband filed a petition under Section 18 of the Foreign Marriage Act read with Section 29 of the Special Marriage Act, hereinafter referred to as the Act, praying for a decree of divorce on the ground of cruelty and desertion. Various other serious allegations were also made. The wife also made a complaint to the Crimes Against Women's Cell, Sector 17, Chandigarh, which in turn, aggravated the situation further. The divorce petition was contested by the wife. However, the learned Trial Court vide its judgment and decree dated 5.3.1999 dissolved the marriage between the parties by a decree of divorce.

(2.) DISSATISFIED from the order of the Trial Court, the wife preferred the appeal, before this Court. The appeal, as is obvious from the afore -noticed registration number, was filed in the year 1999 and since then the parties have been litigating in regard to maintenance and litigation expenses.

(3.) STATEMENTS of the parties were recorded in furtherance to the said order and the parties were given time to think over the matter more seriously and file appropriate application in accordance with law. Resultantly, they filed a petition under Section 28 of the Act on 28.4.2000 which was registered as CM. No. 5200 -CII of 2000 in the main appeal.