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2008 Supreme(SC) 798

TARUN CHATTERJEE, DALVEER BHANDARI
Dr. Arvind Barsaul etc. – Appellant
Versus
State of Madhya Pradesh. – Respondent


JUDGMENT

Dalveer Bhandari, J.

1. Leave granted.

2. This appeal is directed against the judgment and order of the High Court of Madhya Pradesh, Bench at Gwalior in Criminal Misc. Case Nos.5070, 5071 and 5072 of 2005.

3. Appellant, Dr. Arvind Barsaul, and respondent no.2, Smt. Sadhna Madnawat, are both medical doctors. They were married on 08.02.1992. Respondent no.2 did not want to stay with the appellant husband and she wanted him to leave his parents and stay at Gwalior with her parents. The appellant husband did not agree to this condition. According to the appellant husband, thereafter, she started levelling allegations of impotency against him and started behaving cruelly with him, his parents and relatives. Respondent no.2 ultimately deserted the appellant husband and went back to Gwalior.

4. On 18.10.1994, the appellant husband sent a legal notice to respondent no.2 for divorce and thereafter filed a petition for divorce before the Civil Judge, Mathura being case No.581 of 1994. On 07.11.1994, respondent no.2 as a counter-blast filed a criminal complaint at Mahila Thana, Padaw against the appellant husband, appellant Smt. Pushplata Barsaul (mother-in-law) and appellant Shri







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