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2001 Supreme(SC) 193

BRIJESH KUMAR, Y.K.SABHARWAL
Pushpavathi @ Lalitha – Appellant
Versus
Manickasamy – Respondent


ORDER

The marriage between the parties was solemnized on the 11th September, 1980. The wife is said to have left the matrimonial home on 11th June, 1981. A son out of the wedlock was born on 26th December, 1981. A petition for divorce was filed by the respondent-husband seeking divorce on the ground of cruelty and desertion under Section 13(1)(1a) and (b) of the Hindu Marriage Act, 1955. The Trial Court by judgment and decree dated 24th February, 1986 allowed the petition and granted the divorce on both the grounds. That was, however, reversed in appeal by the District Judge, Pondicherry, by judgment and decree dated 23rd January, 1987 and petition for divorce was dismissed. The second appeal filed by the husband having been allowed by the High Court by the impugned judgment dated 22nd December, 1997, this appeal has been filed by the wife.

2. For this appeal, the ground of desertion is not relevant. That was the ground which was negatived by the District Judge and is not ground on which the second appeal was allowed by the High Court and decree for divorce granted in favour of the husband. The only ground relevant for the purposes of decision of this appeal is that of cruelty.

3.












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