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2016 Supreme(Del) 3244

PRADEEP NANDRAJOG, PRATIBHA RANI
JAGWATI – Appellant
Versus
GAJENDER KUMAR – Respondent


Advocate Appeared:
For the Appellant :Mr. Vikas Tomar, Mr. Saman Yadav and Mr.Simarpal Singh, Advocates.
For the Respondent: Mr.Vinod Kumar

JUDGMENT :

PRATIBHA RANI, J.

MAT.APP.(F.C.) 143/2015

1. The appellant/wife is aggrieved by the judgment dated August 21, 2016 whereby a decree has been passed in favour of the respondent/husband dissolving their marriage on the ground of cruelty and desertion by her.

2. In brief, the admitted facts are that the appellant/wife got married to the respondent/husband on May 15, 1998. No issue was born out of this wedlock. The appellant/wife was the only child of her parents. She not only used to visit her parents very frequently but also stay there for about 15-20 days every month. On her visit to her parental home on the death of her father on April 16, 2000, she lived there for about eleven-twelve months.

3. Since the appellant/wife was not performing the matrimonial obligation by staying away from her matrimonial home and often living at her parental home for years together, a petition under Section 9 of Hindu Marriage Act, 1955 was filed in the year 2003 by the respondent/husband seeking restitution of conjugal rights. The appellant/wife agreed to resume cohabitation and returned to matrimonial home on March 10, 2015. The joy was short lived as admittedly she left after four days and i





































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