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2023 Supreme(Chh) 475

N. K. CHANDRAVANSHI, GOUTAM BHADURI
Mahesh Ray S/o Shri Tenjin Prasad – Appellant
Versus
Ratna Mala Ray D/o Late Shri Vivekanand Ray – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Sanjeev Verma.

JUDGMENT :

N.K. CHANDRAVANSHI, J.

1. This is an appeal preferred by the appellant/husband against judgment and decree dated 7-8-2019 passed by the Judge, Family Court, Ambikapur (CG) in Civil Suit No. 172A/2014 whereby application preferred by the appellant/husband under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act 1955’) for grant of decree of divorce, has been dismissed.

2. Facts of the case, in brief, are that both the parties are legally wedded spouses. Their marriage was solemnized on 13-5-1992 and they have 4 children. It is alleged by appellant that since beginning of their marriage, respondent-wife was under influence of her mother. On being asked by her, she frequently used to go to her mother's house, when appellant-husband went to bring her back, respondent and her mother insulted him saying that he is not suitable husband for respondent. She would not lead further marital life with him and also not ready to lead her life serving parents of husband and children. Due to such persistent insulting and humiliating behaviour of respondent-wife, husband was in mental depression, therefore, in the year 2011, he had resigned from police service, d

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