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2023 Supreme(Chh) 159

GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Trilesh Kumar Nahata, S/o. Shri Subhash Chand Nahta – Appellant
Versus
Manju Nahata, W/o. Shri Trilesh Nahta – Respondent


Advocates Appeared:
For the Appellant :Ms. Sharmila Singhai, Sr. Advocate with Ms. Archi Agrawal, Chetan Singh Chauhan & Mr. Ashish Surana.
For the Respondent: Mr. T.K. Jha.

JUDGMENT :

Goutam Bhaduri, J.

1. The present appeal is against the judgment and decree dated 19.09.2007 passed by the Family Court Dhamtari in Civil Suit No.28-A/2016 whereby the petition filed by the husband seeking divorce under Section 13 of the Hindu Marriage Act, 1955 was dismissed. Hence this appeal by the husband.

2. Brief facts of the case are that the parties got married on 31.03.2006 at Khairagarh on 31.03.2006 and out of the wedlock, two children i.e., daughter Sakshi and son Tejas were born on 14.4.2007 and 24.10.2011 respectively. The husband alleged that after a 8 to 10 days of marriage, the behaviour of the wife towards family members became hostile and she expressed her desire to go to her parental place. Immediately after the marriage, 4 letters were received by post on different dates during April-May, 2006. According such letter, the sender stated that he had relations with the respondent-wife before her marriage and when the matter was enquired by the family members, it was revealed that the wife earlier had relations with one person Sudhir Golcha and after intervention of family members, it was assured that it would not be repeated in future. The husband came out

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