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2021 Supreme(Chh) 159

PRASHANT KUMAR MISHRA, N.K.CHANDRAVANSHI
Rajeshwar Prasad Kaushal S/o Durga Prasad – Appellant
Versus
Gayatri Kaushal W/o Rajeshwar Prasad Kaushal – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. D.N. Prajapati.
For the Respondent: Mr. C.K. Sahu.

JUDGMENT :

PRASHANT KUMAR MISHRA, J.

1. We have heard learned counsel for the parties at length and perused the record.

2. Appellant/husband is aggrieved by the impugned judgment and decree dated 11-4-2019 passed by the First Additional Principal Judge, Family Court, Raipur, in H.M.A. No. 366/15 dismissing his application under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 [for brevity ‘the Act’] for grant of divorce.

3. Facts of the case, briefly stated, are that the parties were married on 17-4-2009 as per Hindu rites and rituals. They have a daughter Baby Kusum residing with the respondent/ wife. It was pleaded in the application that from the very next day of the marriage the respondent insisted to leave the matrimonial house, but on persuasion stayed for 5-6 days and called her mother to return to her parental house, but did not come back for 15-20 days. Thereafter, when she reached the matrimonial house she bolted the door of her bedroom and did not open, on which police was called for opening the door. After 3-4 days she left the house alone at about 8.00 p.m. in the night and was somehow persuaded to return to her house. Her mother informed the elderly persons of the socie

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