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2018 Supreme(Chh) 38

SHARAD KUMAR GUPTA
Sanjeev Kumar Kaushik S/o Late Shri Dayaram Kaushik – Appellant
Versus
Mongra Bai Kaushik W/o Sanjeev Kumar Kaushik – Respondent


Advocates Appeared:
For the Appellant :Shri Bharat Rajput, Advocate
For the Respondent:Shri P.P. Sahu, Advocate

JUDGMENT :

1. Challenge in this appeal is levied to the judgment and decree dated 15.02.2012 of the District Judge, Kabirdham (Kawardha), C.G. passed in Civil Suit No.24-A/2010, whereby and whereunder she dismissed the petition of appellant filed under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act, 1955').

2. This is admitted by respondent that both the parties are Lodhi by caste and governed by Hindu Law, near about 24 years before 10.11.2010 the marriage of both parties was solemnized in accordance with Hindu rites and rituals in village Jinda district–Kawardha, six years after the marriage Gauna (a custom after marriage) was performed. After Gauna she resided in his parental house at village Mungelidih, in wedlock two children have born, one is Nitin Kumar who is 16 years, another is Ku. Kavita who is 8 years old, now she is living in her maternal house at village Jinda. He had given him registered notice dated 06.01.2010.

3. In brief, the appellant's case is that few days after Gauna she was making indecent comments, she had refused to do domestic works, she was misbehaving with him. She used to give a harmful liquid to him by mixing it in his mea























































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