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2018 Supreme(Chh) 44

SHARAD KUMAR GUPTA
Hemant Kumar Patel S/o Banshidhar Patel – Appellant
Versus
Uma Patel @ Toshika Patel W/o Hemant Kumar Patel – Respondent


Advocates Appeared:
For the Appellant :Shri S.B. Pandey, Advocate
For the Respondents:Shri Raghvendra Pradhan, Advocate

JUDGMENT :

1. Challenge in this appeal is levied to the judgment and decree dated 11.12.2014 passed by the Additional District Judge, Sarangarh, District–Raigarh in Civil Suit No. 3-A/2012 vide Annexure A-1 whereby and whereunder the trial Court dismissed the divorce petition filed by appellant under section 13 of the Hindu Marriage Act, 1955 (in brevity 'the Act, 1955').

2. This is admitted by respondent that name, occupation of both parties shown in the title of the application are true, both parties are Hindu by religion and governed by Mitakshara Branch of Hindu Law, marriage of both parties was solemnized on 09.07.2010 in accordance with Hindu rights and rituals at village Kumhari, after the marriage she resided in appellant's parental house at village Timerlaga, thereafter, she went to her maternal house at Kumhari, she returned back on 20.07.2010 at Raipur where appellant was residing, both parties had led conjugal life at Raipur, she has received a notice dated 27.11.2010 sent by appellant, now she is not living with him.

3. In brief, the appellant's case is that respondent was not behaving properly, she used to go some other places leaving the school without intimating him, s
















































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