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2017 Supreme(Chh) 130

PRASHANT KUMAR MISHRA, ANIL KUMAR SHUKLA
Yogesh Kumar Pandey, son of late Chudamani Pandey – Appellant
Versus
Swati Pandey, wife of Yogesh Pandey, D/o Surya Prakash Pandey – Respondent


Advocates Appeared:
For the Appellant :Shri Raghvendra Pradhan, Advocate.
For the Respondent:Shri Sanjay Agrawal, Ms. Reena Singh, Advocates.

JUDGMENT :

Anil Kumar Shukla, J.

1. This appeal has been preferred under Section 19(1) of the Family Courts Act, 1984 by the Husband/Appellant being aggrieved by the judgment dated 19.8.2014 passed in Case No.224-A of 2010 by the First Additional Principal Judge, Family Court, Raipur, whereby the Family Court rejected the application under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 moved by the Husband/Appellant against the Wife/Respondent for a decree of divorce.

2. The undisputed facts of the case are that the marriage between the Appellant and the Respondent was solemnised according to Hindu customs and traditions at Bhatapara, District Raipur (Chhattisgarh) on 7.7.2006. Out of their wedlock, a son, namely, Ritik was born on 25.2.2008. It is also not disputed that the Appellant had sent a notice to the Respondent through his Advocate for restoration of conjugal rights, which was replied by the Respondent through her Advocate.

3. The case before the Family Court was that the marriage between the Appellant and the Respondent was solemnised at Bhatapara, District Raipur (Chhattisgarh) on 7.7.2006. Thereafter, both went to Singhroula, Chandrapur (Maharashtra), where the







































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