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1986 Supreme(Raj) 40

K.S.LODHA
Santosh Kumari – Appellant
Versus
Virendra Kumar – Respondent


Advocates Appeared:
N.K. Singhal, for Appellant; M.L. Garg, for Respondent

K.S. LODHA, J.— This is a wifes appeal against the judgment and decree of the learned District Judge, Sriganganagar dated 13.8.84 dissolving the marriage between her and her husband by mutual consent.

2. The facts giving rise to this appeal may be briefly stated here. The parties are Hindus by caste and their marriage had taken place on 16.2.75 at Suratgarh. They lived together till 15.10.79 and a daughter was born out of this wed-lock on 20.5 78. The husband Shri Virendra Kumar filed an application u/s 13 of the Hindu Marriage Act (hereinafter called the Act) for dissolution of the marriage on the grounds of cruelty and desertion. The application was contested by the wife. The fact of the marriage and the birth of the daughter were admitted but the facts of cruelly and desertion were denied. On the other hand, cruelty was alleged on the part of the husband and his parents. Issues on the pleadings of the parties were framed on 22.3.84. However, before this, an effort was made for reconciliation between the parties on 2.9.83 but it was found that the husband was not willing to take the wife back.

3. While the matter was pending for the petitioners evidence, one more issue was added on











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