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2006 Supreme(HP) 82

DEEPAK GUPTA
MANDEEP KAUR – Appellant
Versus
SUKH DEV SINGH – Respondent


Advocates Appeared:
Mr. Subhash Sharma, Advocate, for the Appellant(s); Mr. Neeraj Gupta, Advocate, for the Respondents).

JUDGMENT

Deepak Gupta, J. - This appeal under Section 28 of the Hindu Marriage Act is directed against the judgment and decree dated 17.12.1999 passed by the learned District Judge, Mandi in H.M. Petition No. 27 of 1996 whereby the learned trial Court has granted a decree of divorce in favour of the husband.

2. The brief facts relevant for the decision of the case are that the parties were married at Amritsar on 6.2.1994 according to Hindu rites. They last resided together in Mandi till December, 1995. Thereafter the wife went and resided with her parents at Amritsar. The husband instituted a petition for grant of divorce on 18.10.1996. The divorce was sought on the ground of cruelty. The instances of cruelty detailed in the petition are as follows:— (a) The wife on account of "Sukhna" undertaken before marriage was to go to Nanaksar in Ludhiana on every Purnima (full moon) for five months after the marriage. Though there was direct bus to Ludhiana from Mandi, but the wife would insist to go to Nanaksar via Amritsar and usually would stay back with her mother. The husband had to go after every 10 or 15 days to bring her back and thus the husband was forced for 5 to 6 days in a month

















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