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2002 Supreme(Kar) 556

T.S.THAKUR, D.V.SHYLENDRA KUMAR
A. R. ARUNA KUMAR – Appellant
Versus
NALINI – Respondent


Advocates:
JAYASHRI VAD, S.G.Bhagawan, T.N.RAGHUPATHY

TIRATH S. THAKUR, J.

( 1 ) THIS Miscellaneous First Appeal arises out of a Judgment and Decree passed by the II Addl. Civil Judge, Mysore in MC No. 6/1990 whereby the petition filed by the appellant--husband for divorce under S. 13 (1) (ia) of the Hindu Marriage Act, 1955 has been dismissed.

( 2 ) THE parties were married according to the Hindu customary rights in January 1985 at Periyapatna, Mysore District. They set up their marital home at Bannur, but later shifted to Mysore where they lived up to November 1986. M. C. No. 6/1990 seeking dissolution of marriage was filed by the appellant before the Court below on the allegation that the respondent wife had treated the husband with cruelty within the meaning of S. 13 (1) (ia) of the Hindu Marriage Act, 1955 which entitled him to a decree for dissolution of the marriage. The case set out in the petition was that the respondent-wife had the bad habit of stealing valuables found in any place without realising the consequences of such an act and unmindful of the fact that she was the wife of an Officer. The petition referred to an incident in this regard wherein the respondent is alleged to have committed theft of a gold chain weighin

















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