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2020 Supreme(Pat) 365

HEMANT KUMAR SRIVASTAVA, PARTHA SARTHY
Kumari Rekha W/O Shambhu Sharan Paswan – Appellant
Versus
Shambh Sharan Paswan S/O Ghutar Paswan – Respondent


Advocates Appeared:
For the Appellants :Mr. Ajay Thakur, Mr. Krishna Chandra, Advocate
For the Respondents:Mr. Ashok Kumar Choudhary, Mr. Akshansh Ankit, Mr. Raj Kumar Choudhary, Advocate

JUDGMENT :

PARTHA SARTHY, J.

The instant appeal has been preferred against the judgment and decree dated 4.6.2013 and 11.6.2013 respectively whereby the petition under section 13 of the Hindu Marriage Act filed by the appellant for dissolution of her marriage with the respondent by decree of divorce was dismissed and the counter claim of the respondent for directing the appellant to restore conjugal life with the respondent was decreed.

2. The appellant filed a petition under section 13 of the Hindu Marriage Act, 1955 on 6.1.2009 in the Court of the Principal Judge, Family Court, Munger stating therein that her marriage with the respondent was performed at Keshavpur, Jamalpur as per Hindu rites and customs on 24.4.1999. Out of wedlock, one female child namely, Kanak was born on 7.6.2001.

3. The case of the appellant was that since after the marriage, she was being tortured by the respondent. An agreement was executed on 6.5.2008 which would show that she was being tortured. It was further stated that her parents purchased a piece of land at Albert road in her name where a house was constructed. Thereafter, the respondent forced her to execute a sale deed in his favour and on her refusa

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