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2023 Supreme(Chh) 702

GOUTAM BHADURI, SANJAY S. AGRAWAL
Garima Dhamecha, W/o. Manish Kumar Dhamecha, D/o. Mohanlal Lalwani – Appellant
Versus
Manish Kumar Dhamecha, S/o. Gurudayal Dhamecha – Respondent


Advocates Appeared:
For the Appellant : Smt. Fouzia Mirza, learned Senior Adv. along with Shri Navin Shukla, Adv.
For the Respondent: Shri Rahil Arun Kochar.

JUDGMENT :

(Sanjay S. Agrawal, J.) :

1. This appeal has been preferred by the non-applicant/wife under Section 19(1) of the Family Courts Act, 1984, questioning the legality and propriety of the judgment and decree dated 18.11.2021 passed by the learned Judge, Family Court, Dhamtari in Civil Suit No.67-A/2018, whereby the learned Court below has allowed the applicant/husband’s application in part, entitling him for decree of dissolution of marriage on the ground of desertion under Section 13(1)(i-b) of the Hindu Marriage Act, 1955.

2.1 Briefly stated the facts of the case are that the marriage of the applicant/husband was solemnized with the non-applicant/wife on 01.12.2014 in accordance with their customary rites and rituals at Dhamtari and, out of their wedlock, a son namely Rohan was born on 10.11.2015. According to the applicant, parents of his wife came to his house after 20 days of the solemnization of his marriage and his father-in-law told him that his daughter is not happy here as she was forced to do household work alone which was denied by him that a maidservant is already there in the family who alone execute all the household activities. It is pleaded further that after s

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