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2017 Supreme(Chh) 578

PRASHANT KUMAR MISHRA, ARVIND SINGH CHANDEL
Nisha W/o Nandkishor Gajbhiya – Appellant
Versus
Nandkishor Gajbhiya S/o Late Dhuran Lal Gajbhiya – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Smt. Renu Kochar

ORDER :

Prashant Kumar Mishra, J.

1. The appellant would assail the legality and validity of the impugned decree of divorce allowed by the Family Court, Durg on a petition filed by the respondent-husband under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955.

2. The brief facts of the matter are that the parties were married on 31st May, 1991. Daughter- Kushbu was born out of the wedlock in the year 1995. The divorce petition was preferred on the avernment that during Raksha Bandhan festival of the year 1997, she went to her brother's house at Risali and soon after return therefrom, she started making inappropriate behaviour and pressurized the plaintiff to live separately. Initially, the plaintiff did not agree, therefore, the wife went to her parental house at Dongargarh and since thereafter there has been no resumption of conjugal relation between them. By amending the plaint, it was also stated that the wife is making unfounded and baseless allegations that the husband has illicit relation with another woman, therefore, these allegations also constituted cruelty. It was further stated in the divorce petition that on several occasions, the wife tried to add poisonous subs










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