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2006 Supreme(Raj) 717

PRAKASH TATIA
Dani Bai – Appellant
Versus
Amarchand – Respondent


Advocates Appeared:
Mr. N.L. Joshi, for the Appellant.
Mr. D.S. Rajvi, for the Respondent.

Judgment

Prakash Tatia, J.- Heard learned Counsel for the parties.

2. The appellant/non-applicant is aggrieved against the Judgment and decree dated 10.01.2002 by which the trial Court granted decree for divorce in favour of the respondent/applicant.

3. As per the applicant, the marriage of the appellant and respondent took place about 17-18 years ago from the time of filing of divorce petition, which was filed in the year 1995. Out of the wedlock, three children, two daughters namely, Mamta and Guddi and one son Raju were born. In the year 1995, Mamta was of the age 16 years, Raju was of the age of 13 years and Guddi was of the age of 9 years. It is alleged that the appellant, wife of respondent, left the respondent in the year 1987 and did not come back despite efforts made by the respondent. The appellant initiated proceedings under Section 125, CrPC having No. 147/1987. The said petition was dismissed by the Court. According to the respondent, thereafter, 3-4 more applications under Section 125, CrPC were submitted by the appellant which too were dismissed. The respondent sought decree for divorce on the ground of cruelty and facts relating to cruelty caused by the appellant ar











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