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1976 Supreme(Del) 13

B.C.MISRA
GAJNA DEVI – Appellant
Versus
PURSHOTAM GIRI – Respondent


Advocates Appeared:
B.I.SINGH, K.J.Kumar

B. C. MISRA, J.

( 1 ) THIS first appeal from order has been filed by the wife against the order of the Additional District Judge, Delhi, dated 15th March, 1975. by which he has granted a decree for divorce by dissolving the marriage under section 13 (1a) (i) of the Hindu Marriage Act (25 of 1955 ). hereinafter REFERRED TO to as the Act.

( 2 ) THE material facts of the case are that the appellant wife and the respondent husband, who were Hindus, were married on 16th April, 1963 according to Hindu rites. It is alleged that after a lew months the husband turned out the wife after treating her cruelly. Consequently, the wife filed a petition on 5th November. 1965 under section 10 of the Act for judicial separation. This was decreed ex party by Mr. Mahesh Chandra, Sub-Judge. I Class, by order dated 30th March, 1966 (copy Ex. P1 ). After sometime, the husband instituted a petition against the wife for dissolution of marriage on the 727 allegation of adultery with one Nanak Chand. This was disbelieved and Nanak Chand was found to be a friend of the husband. The petition was dismissed by Mr. K. S. Sidhu by order dated 23rd August. 1968 (copy Ex. RW 5/1 ). Eventually the husband instituted














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