Delhi High Court - Orders
Pallavi Sharma vs Rajeev Sharma on 11 May, 2023
Author: Sanjeev Sachdeva
Bench: Sanjeev Sachdeva
$~3
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ MAT.APP.(F.C.) 96/2023
PALLAVI SHARMA ..... Appellant
Through: Mr. Prosenjeet Banerjee, Mr. Vikrant
Kumar, Ms. Sudeshna and
Mr. Sarthak, Advocates.
versus
RAJEEV SHARMA ..... Respondent
Through: None.
CORAM:
HON'BLE MR. JUSTICE SANJEEV SACHDEVA
HON'BLE MR. JUSTICE MANOJ JAIN
ORDER
% 11.05.2023 CM APPL. 18739/2023 (exemption) Exemption allowed subject to all just exceptions.
MAT.APP.(F.C.) 96/2023 & CM APPL. 18738/2023 (for condonation of delay)
1. Appellant impugns order dated 18.01.2023 whereby the Family Court, on a petition filed by the respondent, has granted divorce on the allegation of cruelty.
2. Learned counsel for the appellant submits that the Family Court has erred in not appreciating that none of the allegations constituted cruelty as required under Section 13(1)(ia) of the Hindu Marriage Act, 1955. He further submits that the allegations were not even substantiated and the Family Court has misread the evidence as well as the cross-examination in Signature Not Verified Digitally Signed By:SONIA THAPLIYAL MAT.APP.(F.C.) 96/2023 1 Signing Date:12.05.2023 17:55:39 coming to a conclusion that some of the allegations were duly proved. He, without prejudice, submits that even if proved, the allegations do not constitute cruelty of a nature as required under Section 13(1)(ia) of the Act for grant of divorce.
3. Learned counsel for the appellant submits that as per the information of the appellant, the respondent has not solemnized another marriage in the meantime.
4. Issue notice to the respondent through all modes, returnable on 05th September, 2023.
5. Till the next date of hearing, the operation of the order dated 18.01.2023 shall remain stayed. Consequently, the respondent shall be restrained from solemnizing another marriage till the next date of hearing.
SANJEEV SACHDEVA, J MANOJ JAIN, J MAY 11, 2023 st Signature Not Verified Digitally Signed By:SONIA THAPLIYAL MAT.APP.(F.C.) 96/2023 2 Signing Date:12.05.2023 17:55:39