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2023 Supreme(Chh) 380

GOUTAM BHADURI, SANJAY KUMAR JAISWAL
Devki Markande Wife Of Bhojdev Markande – Appellant
Versus
Bhojdev Markande Son Of Shri Agrahit Das Markande – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri Purnendra Khichariya, Advcocate
For the Respondent:Shri Saket Pandey, Advocate

JUDGEMENT :

SANJAY KUMAR JAISWAL, J.

1. The present appeal has been preferred by the defendant-wife under Section 19 of the Family Court Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 challenging the judgment and decree dated 03.05.2019 passed by the Family Court, Rajnandgaon in Civil Suit No.157-A/2016, whereby the learned Family Court allowed the application under Section 13 of the Hindu Marriage Act, 1955 (for short ‘the Act, 1955’) preferred by the respondent-husband for dissolution of marriage and granted decree of divorce on the ground of cruelty and desertion.

2. Facts of the case are that the respondent moved an application under Section 13 of the Act, 1955 for dissolution of the marriage which was solemnized on 01.05.2015. It was stated in the application that after 15 days of their marriage, the appellant went of her own to her parent’s house and after one week came back to her matrimonial house. She has stated that she is intending to prepare for the Railway Recruitment exam and to join the coaching class, she had to reside in hostel at Bhilai. To this, parents of the respondent/husband have suggested that she can reside at her parents’ house and once in a w

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