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2017 Supreme(Chh) 744

PRASHANT KUMAR MISHRA, ARVIND SINGH CHANDEL
Rakesh Kumar S/o Shyam Lal Thakur – Appellant
Versus
Sarswati Thakur, W/o Rakesh Thakur – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri B.P. Gupta, Advocate.
For the Respondent:Shri Saurabh Dangi, Advocate.

JUDGMENT :

Prashant Kumar Mishra, J.

1. In this Appeal under Section 19(1) of the Family Courts Act, 1984 the appellant is aggrieved by the dismissal of his suit for grant of divorce under Section 13 of the Hindu Marriage Act, 1955 (for short 'the Act').

2. The suit was preferred on the ground that the parties were married at Rajnandgaon on 11.5.1994. After 5-6 months of the marriage, the respondent/wife joined the service as Nurse in the Department of Health without consent of the appellant. In June, 1996, she lodged a false criminal complaint case before the JMFC, Durg against the husband and his relatives for offence under Sections 498-A, 493, 494, 495 and 496 of the IPC. She also indulged in making false and reckless allegations of performing second marriage by the appellant. She has deserted the appellant for more than 2 years and they have not cohabited since after February, 1995. By amending and inserting para-4A and 4B in the plaint, it was stated that at about 5.30 pm on 9.9.2009 the respondent with two of his nephews namely, Samir Rajput and Sanju Rajput misbehaved, manhandled, abused and assaulted the appellant causing injuries over his head and arm. The incident having occ













































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