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2023 Supreme(Chh) 633

GOUTAM BHADURI, DEEPAK KUMAR TIWARI
Rainpreet Kaur, W/o. Kulbir Singh Chhabra – Appellant
Versus
Kulbir Chhabra, S/o. Shri Gurucharan Chhadra – Respondent


Advocates Appeared:
For the Appellant : Mr. Sumesh Bajaj and Mr. Rishabh Bajaj, Adv.
For the Respondent: Mr. Anup Majumdar and Mr. Saket Pandey, Adv.

JUDGMENT :

(Goutam Bhaduri, J.) :

1. Challenge in this appeal is to the judgment and decree dated 26.10.2017 passed by the Family Court, Rajnandgaon, District Rajnandgaon (CG), in Civil Suit No.29A/2013, wherein, a decree of divorce is granted to the husband on the ground of desertion. The issues were framed on the ground of desertion as to whether the wife/appellant has left the husband without any lawful clause and it was answered in affirmative. In the averments made in body of the impugned order, one of the grounds of cruelty was also made, which was at the behest of the wife to the husband. The wife being aggrieved by the said judgment and decree, has preferred this appeal.

2. Brief facts of the case are that the parties were married on 29.11.2002 and out of their wedlock, a male child was born namely Sehaj Singh Chhabra. It was alleged that after the marriage, the wife hardly resided with her husband for a period of three years and since 13.8.2010, she has been residing in her parental home. It was further stated by the husband that he being the only son of his parents, had to l

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