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2010 Supreme(HP) 873

DEV DARSHAN SUD
Shashi Kumar – Appellant
Versus
Neelam – Respondent


ORDER

Dev Darshan Sud, J.

1. This appeal has been filed by the husband against the judgment and decree of the learned District Judge dismissing his petition under Section 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'Act'), seeking dissolution of the marriage on the grounds of cruelty.

2. The Appellant, who is serving in the C.R.P.F., pleaded that the Respondent-wife has subjected him to physical and mental cruelty. The acts attributed to her were; (a) that she did not permit the Appellant to consummate the marriage and any attempt made by him was resisted by her violently and ended up with her abusing him; (b) that she abused, insulted and humiliated him and his family members without any provocation. In these circumstances, the Appellant pleaded that he was entitled to a decree for dissolution of the marriage.

3. The Appellant pleads that the marriage between the parties was solemnized on 5-3-2002 at village Ichhi, Tahsil and District Kangra. After the marriage, the Respondent started behaving in a manner unbecoming of a wife and she refused to discharge her conjugal duties. She would not allow him to touch her and any attempt(s) on his part are resisted




































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