2007 Supreme(Raj) 2291
RAJESH BALIA, SANGEET LODHA
Mahendra Kumar – Appellant
Versus
Smt. Tulsi – Respondent
Advocates:
For the Appellant:Mr. Rakesh Arora, Advocate.
For the Respondent:Mr. Ram Sukh Sharma, Advocate.
JUDGMENT
1. - This appeal is directed against the judgment and decree dated 25.08.05, passed by the Family Court, Jodhpur, rejecting the petition seeking divorce, preferred by the appellant against the respondent under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act" hereinafter) .
2. The appellant and respondent entered into marriage on 16.02.1993, at Jodhpur. Out of the wedlock, their daughter Khushbu and son Krishna were born. It is alleged that quarrelsome and stubborn behaviour of the respondent towards the appellant, resulted in separation of the spouses and the respondent left the company of the appellant on 18.03.1997. A first information report was lodged by the respondent against the appellant in Mahila Police Station, Jodhpur on 17.9.1997, alleging commission of offences under Section 498 A, 406 of IPC. However, the spouses entered into a compromise, accordingly, final report was submitted by the police. It is alleged that the compromise was entered into on the condition that the appellant shall be taking respondent along with children to Bayatu, where the appellant was posted as teacher, away from the company of his old aged parents staying at Jodhpur. Adhe
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