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1978 Supreme(J&K) 15

A.S.ANAND, MIAN JALAL-UD-DIN, GH.MOHAMMAD MIR
Jia Lal Abrol – Appellant
Versus
Sarla Devi – Respondent


Advocates Appeared:
Advocate For Appellant: S.P. Gupta
Advocate For Respondent: T.S.Thakur

Per Mir J.

1. This appeal is directed against the order of the learned District Judge, Jammu, dated 30-4-1976 in a petition under sections 10/13 of the Hindu Marriage Act. The trial judge holding that there was no substance in the petition and that the appellant having failed to prove the grounds alleged by him in the petition for judicial separation/divorce dismissed the petition with costs.

2. The parties were admittedly married according to Hindu rites in Jammu in, July 1967. They live d together for some time but according to the appellant petitioner, the wife, the respondent, was suffering from a disease in nose because of which she was continuously emitting such awful smell as made it unbearable for him either to sit by her side or to enjoy her company or to have sexual intercourse with her. The petitioner also alleged that besides suffering from this awful disease the wife was also of an unsound mind. According to him the wife is suffering from both these diseases even at the time of marriage itself but the fact was kept back from him by her and her parents. He alleged further that the disease of nose was incurable and despite all possible treatment which he arranged for th
































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