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2011 Supreme(Chh) 262

G.MINHAJUDDIN, I.M.QUDDUSI
VIKAS DENIAL – Appellant
Versus
ANSHUMALA MASIH – Respondent


Advocates appeared:
Mrs. Renu Kochar, Advocate, for the Appellant.
Mr. Dhirendra Pandey, Advocate, for the Respondent.
The parties are also present in person.

ORDER

As per Hon'ble Shri I.M. Quddusi, J. :-

1. Heard.

2. The appellant had filed this miscellaneous appeal against the judgment dated 17.03.2010 passed by the learned Judge, Family Court, Bilaspur in Civil Suit No.13-A/07 dismissing the suit of the appellant herein filed under Section 10 of the Indian Divorce Act, 1869 (for short 'the Act of 1869') for grant of decree of dissolution of marriage.

3. Facts of the case, in brief, are that the marriage between the appellant and the respondent was solemnized on 03.01.2003 and out of their wedlock, there is a female child. In the year 2007 the appellant filed an application before the Family Court below seeking dissolution of marriage solemnized between the appellant and the respondent on the ground that since the year 2004, without any reason, the respondent herein is living separately. The Court below vide impugned judgment dismissed the application of the appellant herein. Therefore, the appellant has preferred the instant appeal.

4. The appellant as well as the respondent, who are present in person, have submitted that they had been living separately for the last so many years and had not been able to live together and as such, there i






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