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2023 Supreme(Chh) 158

GOUTAM BHADURI, SACHIN SINGH RAJPUT
Takeshwar @ Satish Giri, S/o. Late Shri Doman Prakash Giri Goswami – Appellant
Versus
Jayanti Goswami, W/o. Takeshwar Giri Goswami – Respondent


Advocates Appeared:
For the Appellant : Shri Hemant Kumar Agrawal.
For the Respondent: Shri K.K. Pandey.

JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. The present appeal has been filed against the judgment dated 06/10/2018 passed by Family Court, Mahasamund, District Mahasamund (C.G.) in Civil Suit No.34-A/2017 whereby the application preferred by the husband under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 (for short 'the Act, 1955') for dissolution of the marriage on the ground that the wife has treated the husband with cruelty and has also deserted the appellant/husband for continuous period of two years prior to filing of the suit, was dismissed.

2. Brief facts of the case are that the marriage in between the parties was solemnized on 29/06/2005 and out of the wedlock two daughters were born. The plaintiff/husband asserted that by concealing the fact that the wife was suffering with schizophrenia, marriage was performed, which resulted into failure in matrimonial obligations by her. Therefore, in order to conceal such disease, the wife started living at her parental home and on other hand false allegations and accusations were clamped on the husband for demand of dowry.

3. The Appellant/husband narrated an incident that in the year 2010, the wife tried to commit suicide by

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