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1984 Supreme(Del) 318

AVADH BEHARI ROHATGI, G.C.JAIN
KAMINI GUPTA – Appellant
Versus
MUKESH KUMAR GUPTA – Respondent


Advocates Appeared:
G.L.RAVAL, R.K.Sharma, SUNIL AGGARWAL

AVADH BEHARI ROHATGI J.

( 1 ) THE whole and sole question in this appeal is whether the husband, whom the wife calls a womaniser and a drunkard is entitled to a decree of divorce on the ground of wife s cruelty. A learned single Judge of this Court on facts has returned the finding in favour of the husband. From his decree the wife appeals to this Court.

( 2 ) THE parties were married on 6-6-1971. On 19-6-78 they separated and have since then been living apart. There are four daughters of the marriage. They are in the custody of the husband. The husband filed the petition for divorce in June 1979 on the ground of cruelty. In the petition in para 55 the husband alleged that at a meeting held on 3-7-1978 in the presence of the parties relations when negotiations for the resettlement of the parties were afoot the wife lost her temper and started abusing him and called him a womaniser and a heavy drunkard. She complained in the meeting that the husband has been bringing girls in the matrimonial home. As a result of the imputations and accusations the talks of reconciliation broke down. This was the husband s positive case in the petition. In her written statement the wife replied that






















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