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2009 Supreme(Chh) 258

R.N.CHANDRAKAR, T.P.SHARMA
Kamleshwari Bai – Appellant
Versus
Peeluram Latkhor Sahu – Respondent


JUDGMENT

T.P. Sharma, J.

1. This first appeal under Section 19(1) of the Family Courts Act, 1984 (in short 'the Act, 1984') is directed against the judgment and decree dated 28-12-2007 passed by the First Additional Principal Judge, Family Court, Durg, in Civil Suit No. 19A/07, whereby & whereunder learned First Additional Principal Judge has passed decree of divorce.

2. The defendant/appellant has challenged the judgment and decree of divorce on the ground that without there being any evidence of cruelty and desertion, the Court below has passed decree of divorce and thereby committed illegality.

3. Brief facts of the parties as per pleading are that the appellant and the respondent are Hindu and legally wedded wife and husband. Marriage was solemnized in the year 1993. Two children were bora out of the wedlock of the parties. Without any cause the present appellant has deserted the respondent and went to her paternal house. The present appellant was not ready to adjust in poor family of the respondent and has started committing cruelty. She refused to go to field for work and she was in habit of frequent visit to her parental house. The respondent has tried his level best to resolve


















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