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2007 Supreme(Raj) 1126

RAJESH BALIA, SANGEET LODHA
Sandeep Kumar – Appellant
Versus
Sonila Kumar – Respondent


Advocates:
R. S. Mankad, for Appellant; Pradeep Shah, for Respondent.

Judgement

RAJESH BALIA, J. :- This appeal is directed against the order of Family Court, Udaipur dated 3-3-2004, rejecting the application under Section 13 of the Hindu Marriage Act for dissolution of marriage filed by the appellant.

2. Marriage of the appellant husband and respondent was solemnized on 28-1-1993 at Udaipur. According to averments made in the application dated 3-10-2000 he has claimed dissolution of his marriage on the ground that the respondent wife has treated the petitioner and has conducted herself with cruelty towards the appellant and has deserted him by leaving the matrimonial home on 12-4-1996 and since then she has not returned to matrimonial home without any just and reasonable cause.

3. The facts which have been proved are that soon after marriage the wife has desired that the appellant should remain away from his parents and stay at Jaipur, with the mother of the respondent wife for which appellant was not agreeable. Since the appellant has declined to leave his parents as he was only son. She started creating problem in the house and often used to leave matrimonial home for going to Jaipur and would return only after forcing the petitioner to accept the un





















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