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1983 Supreme(Del) 309

M.L.JAIN
RITA – Appellant
Versus
BRH KISHORE GANDHI – Respondent


M. L. JAIN J.

( 1 ) THE respondent husband is employed in the Reserve Bank of India at Jaipur, while the appellant wife in the Food Corporation of India at Delhi. The parties were married on 2-3-1978 at Delhi. The wife filed a petition No. 5180 for divorce under sec. 13 of the Hindu Marriage Act, 1955 (the Act) on 10-1-1980 on the ground of treatment with cruelty. It appears that the husband also filed a petition No. 61j80 under sec,. 9 of the Act for restitution of conjugal rights. By his order of 22-7-1980, the trial Judge declined to consolidate the two petitions and continued to proceed with the wife s petition and eventually dismissed it on 26-8-1982. Hence, this appeal by the wife.

( 2 ) THE wife alleged in her petition that soon after the marriage, the mother-in-law started complaining about the dowry. However, on 819-1978 the couple left for Simla and stayed there for about four days, where she discovered that the husband was a drunkard. He also complained that her parents did not give him any TV, fidge or scooter, etc. and gave her filthy abuses. On the third day when she asked, him to refrain from drinking, he shouted and beat her. He also told her that he could not live
























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