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2018 Supreme(Jhk) 1070

APARESH KUMAR SINGH, RATNAKER BHENGRA
Pankaj Kumar Sharma – Appellant
Versus
Monika Sharma – Respondent


Advocates Appeared:
For the Appellant : Mr. Girish Mohan Singh.
For the Respondent: Mr. Mithilesh Singh.

JUDGMENT :

1. Heard learned counsel for the parties.

2. Appellant husband instituted a suit for divorce on grounds of cruelty and desertion in terms of Section 13(1)(i-a) and 13(1)(i-b) of the Hindu Marriage Act against the Respondent wife. Learned Principal Judge, Family Court, East Singhbhum, Jamshedpur on the basis of rival pleadings of the parties framed additional issue i.e.,

“Whether the respondent has been incurably of unsound mind or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that, the petitioner cannot reasonably be expected to live with her?”

Other 5 issues framed for adjudication inter alia were as under:-

1. Whether the suit, as framed and filed, is maintainable in its present form or not?

2. Whether the applicant has valid cause of action for filing the suit?

3. Whether the respondent treated the petitioner with cruelty after solemnization of the marriage?

4. Whether the respondent deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the suit or not?

5. Whether the applicant is entitled to get a decree of divorce against the respondent or not?

3. Parti











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