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2007 Supreme(Raj) 159

SHIV KUMAR SHARMA, R.S.CHAUHAN
Srikant Mathur – Appellant
Versus
Rajni – Respondent


Advocates Appeared:
Nitin Jain, for Appellant S.P. Tyagi, for Respondent

Honble SHARMA, J.–Whether acquittal of husband in a criminal case instituted by wife provides a ground to seek divorce?

(2). This question that requires consideration in the instant appeal arises in the circumstances set out below:-

(i) The appellant husband and respondent wife, both are bank employees posted at different places. Their marriage was solemnized according to Hindu rites on June 24, 1988 and from their wedlock two children were born.

(ii) The appellant husband filed a petition under Section 13 of the Hindu Marriage Act,1955 against the respondent wife in the Family Court No. 2, Jaipur seeking divorce on the ground of cruelty and desertion.

(iii) The respondent wife filed reply and denied the allegations of desertion and cruelty made by the appellant husband. She stated that the appellant husband used to malign her character. He used to harass her and ask her to bring dowry.

(iv) On the basis of pleadings of the parties learned Family Court framed as many as five issues. The appellant husband examined himself and produce seven witnesses. Whereas the respondent wife gave her statement and examined three witnesses. Thereafter on hearing final submissions learned Family Court h









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