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2021 Supreme(Chh) 88

PRASHANT KUMAR MISHRA, RAJANI DUBEY
Shripal Meshram S/o Ramprashad Meshram – Appellant
Versus
Urmila Meshram W/o Shripal Meshram – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Aditya Bhardwaj, Advocate
For the Respondent:Mr. Rakesh Thakur, Advocate

JUDGMENT :

The following judgment of the Court is delivered by Prashant Kumar Mishra, Acting Chief Justice.

1. This appeal by the appellant/husband under Section 19(1) of the Family Courts Act, 1984 would call in question the judgment and decree passed by the Family Court, Rajnandgaon, refusing to dissolve marriage between the parties.

2. Earlier by judgment and decree dated 27-10-2014 passed by the Family Court, Rajnandgaon, in civil suit No.72-A/2011 allowed the suit of the husband (appellant herein) to dissolve the marriage between the parties. However, in FAM No.112 of 2014 preferred by the wife (respondent herein) the judgment and decree was set aside by this Court vide judgment dated 7-7-2017 and the matter was remitted back to the trial Court for rendering fresh judgment. The remand order was made for the reason that on the earlier occasion the trial Court had only reproduced all statements of witnesses made in the affidavit under Order 18 Rule 4 of the Code of Civil Procedure, 1908 (for short ‘the CPC’) and recorded finding in respect of cruelty without any discussion or appreciation of evidence. This Court found that in most of the paragraphs either pleadings have been reprod

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