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2023 Supreme(Del) 3899

SURESH KUMAR KAIT, NEENA BANSAL KRISHNA
Lata Kumari – Appellant
Versus
Om Prakash Mandal – Respondent


Advocates appeared:
Mr. Sameer Nandwani, Advocate (through V.C.), for the Appellant.
None, for the Respondent.

JUDGMENT

Neena Bansal Krishna, J.

1. The present Appeal under Section 19 of the Family Courts Act, 1984 has been filed by the appellant Lata Kumari against the Judgment dated 28.01.2019 vide which the Divorce Petition under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 on the ground of `cruelty' filed by the respondent/husband, has been allowed.

2. Facts in brief, are that the marriage between the parties was solemnized on 10.03.2009 at Dumka, Jharkhand as per Hindu Rites and Ceremonies. One daughter Ashima Mandal was born on 26.12.2010 from the said wedlock. The respondent herein (petitioner/husband in the Divorce Petition) claimed that he was subjected to various acts of `cruelty' which were as under:

(i) That the appellant herein (respondent/wife in the Divorce Petition) used to pick quarrel on trivial issues and always remained adamant on her unjustified acts. She used to leave the home at times for 15 days to 1 month without any reason and without the consent of the respondent herein.

(ii) The appellant/wife did not allow the respondent/husband for physical relations, sometimes for a span of 1 to 2 months.

(iii) The appellant tried to poison the respondent in the month of

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