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2022 Supreme(Chh) 178

SANJAY S. AGRAWAL
Vasudev Prajapati, S/o Rajaram Prajapati – Appellant
Versus
Sunita Kumari, W/o Vasudev – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri Manoj Paranjpe appears along with Shri Anurag Singh and Shri Subhank Tiwari, Advocate.
For the Respondent:Shri H.B.Agrawal, Sr. Advocate along with Shri Amit Tirkey, Advocate.

JUDGMENT/ORDER :

1. This appeal has been preferred by the Applicant – husband under Section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act, 1955) questioning the legality and propriety of the judgment and decree dated 26.11.2014 passed in Civil Suit No.16-A/2013, whereby the learned trial Court has dismissed his application seeking decree for dissolution of marriage on the ground of desertion and cruelty. The parties to this appeal shall be referred hereinafter as per their description before the Court below.

2. Facts, which are essential to be stated for adjudication of this appeal, are that the marriage of the Applicant was solemnized with the Non-applicant – wife on 28.02.2008 in accordance with Hindu rites and rituals at Bhilai, Dist. Durg (C.G.). It is pleaded in the application that at the time of marriage, the age of the Non-applicant was suppressed by showing three years less than her actual age and her parents wanted to keep him as Gharjamai (a resident son-in-law). According to the Applicant, they lived only for 9 days in his house at Mahasamund and thereafter he got her admission in Shankaracharya B.Ed. College, Bhilai as per her wishes, where she s

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