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2022 Supreme(Chh) 607

GOUTAM BHADURI, RADHAKISHAN AGRAWAL
Chitrekha Kawar D/o Shri Itwar Singh Kawar – Appellant
Versus
Anand Rameshwar S/o Nohar Lal Kawar – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Akash Agrawal, Ravindra Sharma.
For the Respondents: Naushina Afrin Ali, Topilal Barteh.

JUDGMENT :

RADHAKISHAN AGRAWAL, J.

1. The instant appeal is filed under Section 19(1) read with Section 28 of the Family Courts Act, 1984 (for brevity ‘Act’ of 1984) by the appellant/wife (for brevity ‘wife’) against the judgment and decree dated 22.06.2017 passed by the Family Court, Korba (CG) in Civil Suit No. 134-A/2016 whereby the suit filed under Section (7) (1)(g) of the Restitution of Conjugal Rights has been dismissed.

2. Appellant/wife has moved application with the averment that she and respondent/husband (for brevity ‘husband’) belong to Scheduled Tribe and their marriage was solemnized in the year 2012 as per their social rituals and customs and from their wedlock they were blessed with a girl child. It is stated that during pregnancy the appellant/wife was suffering from deficiency of blood and the husband did not take care of her therefore she left to her parents house at BALCO Nagar where she got treated by her father. It is stated that she gave birth to a girl child and after few days, her husband and in-laws took them to their maternal house. However, after 2-3 days, the husband informed her father to take his daughter as she is physically and mentally not fit. It is

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