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2005 Supreme(SC) 1219

ARUN KUMAR, A.K.MATHUR
Geeta Jagdish Mangtani – Appellant
Versus
Jagdish Mangtani – Respondent


Judgment

Arun Kumar, J.—This is an appeal by the wife against the judgment of the High Court passing a decree of divorce on a petition filed by the husband under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘Act’).

2. Briefly, the facts are that the marriage between the parties took place on 2nd November, 1992 at Ulhasnagar, Mumbai where the husband resides with his parents and other family members. The wife stayed in the matrimonial home up to 2nd June, 1993. In between she had returned to her parents’ house at Adipur, Bhuj (Gujarat) on a couple of occasions to join her service as a teacher in a school at Anjar, Bhuj, Gujarat. The wife is teaching in the Municipal School at Anjar since prior to marriage. It is common case of the parties that on 2nd June, 1993, the appellant-wife left the husband’s house for her parents’ house at Adipur in Bhuj, Gujarat for her first delivery. A son was born on 11th November, 1993. The fact is clearly established on record that after 2nd June, 1993 the appellant never returned to her husband to join him in the matrimonial home at Ulhasnagar. In her evidence the wife has said that the husband visited her off a






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