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1980 Supreme(Del) 70

AVADH BEHARI ROHATGI
SATINDER LAL GUPTA – Appellant
Versus
SWARNA LATA GUPTA – Respondent


Advocates Appeared:
D.K.AGRAWAL, P.Dayal, P.K.AGRAWAL, S.P.AGARWAL

A. B. Rohatgi, J.

( 1 ) THIS is a husband s appeal from the decree of divorce dated September 18, 1978.

( 2 ) THE parties were married on May 1, 1969. Both come from well- to-do families. There are two children of the marriage. A son was born on July 9, 1970 and a daughter on October 30, 1971. The husband is 34 years of age and the wife 29.

( 3 ) ON July 15, 1977 the wife petitioned for divorce on the ground of cruelty under Section 13 (1) (ia) of the Hindu Marriage Act (the Act ). The real gravement of the wife s complaint was that the husband is a drunkard and by reason of and in consequence of drinking habits cruel to her.

( 4 ) THE wife made three complaints against the husband- (1) drunkenness, (2) beating and (3) suspicious nature. In her evidence she deposed that the husband drank like a fish. The particular concomitant of husband s drunkenness was his habit of beating the wife whenever she remonstrated with him that he should give up drinking. The cause of unhappiness was drunkenness. The wife in her statement said :

"i used to tell my husband that he should not drink. Upon this he used to abuse me in filthy language. When J persisted in asking him not to drink, he started b


































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