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1993 Supreme(Raj) 342

K.C.AGRAWAL
Meera – Appellant
Versus
Vijay Shankar Talchidia – Respondent


Advocates Appeared:
L.L. Gupta, for Appellant Sunil Tyagi, for the respondent

Honble AGRAWAL, C.J: — This is a wifes appeal under section 28 of the Hindu Marriage Act against the judgment and decree of the District Judge, Sawai Madhopur dated 18.11.1991 decreeing the suit of the husband for divorce and for grant of permanent alimony at the rate of Rs. 200/- p.m. till the life time of the wife or till she did not marry.

(2). The respondent-Vijay Shanker Talchidia was married with the appellant Meera on 25.11.1976. Both lived together at Sawai Madhopur, but no child was born to them.

(3). The respondent alleged cruelty against the appellant for seeking divorce under section 13 of the Hindu Marriage Act.

(4). Section 13(1) of the Hindu Marriage Act provides the grounds of divorce. It reads as under : —

"Section 13(1)- Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the party-

(i) has, after the solemnization of the marriage, had voluntary sexual intercourse with any person other than his or her spouse; or

(ia) has after the solemnization, treated the petitioner with cruelty; or

(ib) has deserted the petitioner for a cont



























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