JUDGEMENT
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(1.) Challenge in the present
appeal is to the judgment of the learned court
below whereby petition filed by the appellantwife
under Section 13 of the Hindu Marriage
Act, 1955 (for short, "the Act") for divorce, on
the ground of cruelty, was dismissed
(2.) Briefly the facts of the case are that the marriage
of the parties was solemnised as per Sikh
rites (Anand Karaj) on 10.11.2004 at village
Lassara, Tehsil Phillaur, District Jalandhar.
After the marriage, the parties resided in their
matrimonial home at Ludhiana. Sufficient
dowry was given to the respondent in the marriage.
The marriage was consummated but no
child was born out of the wedlock. It was alleged
that after some time of the marriage, the
respondent started harassing and beating the
appellant. The wife lived only for seven days at
her matrimonial home. Thereafter she filed petition
for divorce. The respondent filed reply to
the petition. The learned court below after considering
the evidence on record, dismissed the
petition filed by the appellant-wife for divorce
vide judgment dated 30.10.2007. Aggrieved
against the judgment of the learned court below,
the appellantwife filed appeal before this
court.
(3.) During the pendency of the appeal, the wife
filed application under Section 24 of the Act
for grant of maintenance pendente lite, as also
the litigation expenses. The said application
was allowed by this Court vide order dated
20.10.2009, while granting Rs. 1,500/- per
month as maintenance pendente lite from the
date of filing of application and Rs. 11,000/- as
litigation expenses.;
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