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2023 Supreme(Chh) 160

GOUTAM BHADURI, SACHIN SINGH RAJPUT
Kirti Dewangan, W/o. Arjun Kumar Dewangan, D/o. Shri Jagat Ram Dewangan – Appellant
Versus
Arjun Kumar Dewangan, S/o. Shri Anand Ram Dewangan – Respondent


Advocates Appeared:
For the Appellant : Shri Praveen Dhurandhar.
For the Respondent: Shri J.K. Gupta.

JUDGMENT :

Goutam Bhaduri, J.

Heard.

1. This appeal is against the judgement and decree dated 29/11/2018 passed by the Family Court, Rajnandgaon in Civil Suit No.30-A/17 whereby petition filed by the husband seeking divorce under Section 13 of the Hindu Marriage Act was allowed. The wife being aggrieved by such jugement and decree is before this Court in appeal.

2. The facts of this case are that the parties were married on 16/05/2005 and thereafter according to the husband, the wife stayed with the husband for few days and went back to her parental home. It was pleaded that she appeared in an examination for shiksha karmi and after the marriage she got selected. Therefore, on the pretext that she has to discharge her job for some reason or other, she remained out of the company of the husband. Husband further alleged that whenever advise was given to her to stay alongwith husband, he was being abused and was meted with all mental and physical cruelty. The allegations are also levelled that even the family members of the husband were abused and physical assault was also not restrained. Further husband stated that the wife wanted to keep him with her at her parental place which the husb

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