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2007 Supreme(Del) 1082

S.MURALIDHAR
Harish Chander Drall – Appellant
Versus
Suresh Wati – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff:B.T. Singh, Adv. For Respondents/Defendant: Anil Kumar, Adv.

JUDGMENT

S. Muralidhar, J.

1. This appeal is directed against the judgment dated 24.1.2001 passed by the Additional District Judge, Delhi dismissing the appellats petition HMA No. 17/2000/94 seeking dissolution of marriage under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (Act) on the ground of cruelty.

2. The parties were married on 3.6.1982 and a child was born on 7.10.1993 but died immediately thereafter. The appellant lays the blame for the death of the child on account of the negligence of the respondent and her parents. His case is that soon after the marriage the relationship between the respondent and the members of his family became sour. The respondent used to have fits of mental unsoundness and when the appellant and his family tried to get her medically examined she refused and also abused the family of the appellant. It is then stated that the respondent pressurised the appellant to set up a separate residence and the appellant did not agree to this. The respondent used to frequently go away to her parents house and make life difficult for the appellant.

3. On the basis of these allegations the appellant filed a petition for divorce on the ground of cruelty which








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