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1998 Supreme(SC) 882

B.N.KIRPAL, V.N.KHARE
Devram Bilve – Appellant
Versus
Indumati – Respondent


(1) AGGRIEVED by the decision of the Division Bench of the Madhya Pradesh High Court, which had dismissed the appellants appeal and had upheld the decision of the Single Judge dismissing the appellants divorce petition and granting the respondents application for restoration of conjugal rights, this appeal by special leave has been filed.

(2) THE parties got married in 1982. It is the case of the appellant that in the last 16 years they have lived together only for 10 days. In 1984 the respondent filed an application for restoration of conjugal rights alleging that the appellant herein had deserted her. As a counter-blast the appellant filed a divorce petition contending that the respondent had committed such cruelty which gave him a right to ask for divorce. In support of the contention that the respondent was guilty of cruelty reliance was sought to be placed by the appellant, who was a Naib Tahsildar, on some letters which had been written by the respondent to the appellants superiors. It was the case of the appellant that the allegation contained in the said letter against him were false and baseless and this amounted to acts of cruelty.

(3) THE trial co



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