Arun Verma v. Poonam
Case brief
What is this about?
The High Court dismissed the husband's appeal against a Family Court decree dissolving the marriage under Section 13(1)(ia) of the Hindu Marriage Act based on unchallenged testimony of the wife establishing extreme cruelty.
What did the court decide?
The appeal was dismissed and all pending applications were disposed of, upholding the decree of dissolution of marriage.
What the court decided
# 25
IN THE HIGH COURT OF DELHI AT NEW DELHI
Judgment delivered on: 09.05.2018
MAT.APP.(F.C.) 95/2018, CM APPL.19097/2018, 19098/2018,
19099/2018 & 19100/2018
A V ..... Appellant
versus
P ..... Respondent
Advocates who appeared in this case:
For the Appellant : Mr. Amit Verma, Advocate
For the Respondent : Mr. P. Dhawan and Mr. Naveen Lohia, Advocates
CORAM: HON'BLE MR. JUSTICE SIDDHARTH MRIDUL HON'BLE MS. JUSTICE DEEPA SHARMA
J U D G M E N T
SIDDHARTH MRIDUL, J (ORAL)
1. The present appeal under Section 19 of the Family Courts Act, 1984 arises out of the judgment and decree dated 10.11.2017, passed by the learned Family Court, Saket Courts, New Delhi in HMA No.269/2012,
MAT.APP.(F.C.) 95/2018
Page 1 of 6
whereby the divorce petition instituted on behalf of the respondent (hereinafter referred to as the ‘wife’) against the appellant (hereinafter referred to as the ‘husband’), on the grounds of cruelty, was allowed and the marriage between the parties was dissolved under Section 13(1)(ia) of the Hindu Marriage Act, 1955 with immediate effect.
Issues for consideration
2 issues framed by the court
Whether the High Court should interfere with the Family Court's finding of cruelty that was supported by unrebated and unchallenged testimony of the wife.
Whether the discharge of the husband in a related criminal case affects the divorce decree based on unassailed allegations of extreme cruelty.
Parties & counsel
- appellant
AV
- respondent
P . . .
Coram
SIDDHARTH MRIDUL
Case details
As recorded by the court registry
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