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2004 Supreme(SC) 1363

RUMA PAL, ARUN KUMAR
NARESH CHANDRA SINGHANIA – Appellant
Versus
DEEPIKA ALIAS BUBY – Respondent


ORDER

1. The appellant is the husband and the respondent is the wife. Their marriage took place in 1988. Within three years of their marriage, they had two children. However, soon after the birth of the last issue, it appears that the relationship between the husband and wife deteriorated so much so that the appellant claims to have filed a complaint with the local Mahila Samiti against his wife. According to the appellant, an incident took place on 15-7-1993 in which he claims that the respondent slapped him and pushed him as a result of which he fractured his arm. He filed a petition for divorce soon thereafter. The ground on which the divorce was sought was cruelty both physical and mental. As far as the physical aspect is concerned, the allegation in the plaint is that the respondent was responsible for the fracture of the appellants hand in the manner earlier stated. As far as the mental cruelty is concerned, it is alleged that the respondent used to level allegations of an illicit relationship between the appellant and other ladies. The respondent wife filed a petition for restitution of conjugal rights.

2. The trial court held in favour of the appellant and was of the view t



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