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2023 Supreme(Kar) 418

ALOK ARADHE, VIJAYKUMAR A. PATIL
Ajay Marar, S/o. Gopalakrishna Marar – Appellant
Versus
Bivra, W/o. Ajay Marar – Respondent


Advocates Appeared:
For the Appellant : Miss Simran Singh, Adv. for Sri Siji Malayil.
For the Respondent: Sri. Mahabaleshwar Chitrigemath.

JUDGMENT :

This appeal under Section 19(1) of the Family Courts Act, 1984, has been filed against the judgment and decree dated 16.06.2016 passed in M.C.No.2918/2010 by which the petition filed by the appellant seeking dissolution of marriage on the ground of cruelty and unsoundness of mind has been dismissed.

2. Facts leading to filing of this appeal briefly stated are that marriage of the appellant and respondent was solemnized on 20.08.2005 at Sri Krishna Temple Kadalayi Kannur, Kerala and the same was registered in the Office of the Registrar of Marriages, Chairakkal, Kerala. It is averred that the couple started living in Bangalore, and a child is born out of the wedlock on 28.03.2010. It is further averred that appellant is working in Indian Army was posted at Jammu and Kashmir, Democratic Republic of Congo and Bhuj from August 2005 till July 2009. It is pleaded that appellant used to visit respondent during the said period, the appellant has noticed that respondent’s behavior was abnormal and sensed that she is suffering from mental disorder. It is also pleaded that appellant was posted to Bangalore and thereafter, they have shifted to the Official Quarters.

3. It is averred th

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