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1996 Supreme(P&H) 709

SAROJNEI SAKSENA
Raju @ Raj Kumar – Appellant
Versus
Ram Alias Smt. Ram Dulari – Respondent


Judgment

Sarojnei Saksena, J.

1. Appellant-husband has filed this appeal against the dismissal of his divorce petition.

2. Admittedly, the appellant was married to the respondent - wife in April 1973 at village-Garhi Mutton, District Hoshiarpur. They lived together till 1983-84. Since 1984 they are living separately. No child was born in this wedlock.

3. Petitioner-appellants contention in the lower Court was that after marriage they resided together at villages Ratinda and Rahon. The respondent-wife has deserted him for a continuous period of about seven years immediately preceding the presentation of the petition on April 16, 1991. She has deserted him with the intention of permanently abandoning his society without his consent. Appellant is a handicapped person. She did not like the marriage with him from the very beginning, though he and his parents tried their level best to protect the marriage. She also insisted him to live separately at her parents village, but as his mother was ailing, he could not accede to her wish. She used to go to her parental home off and on without taking his permission. The invitation card of the marriage of his brother was sent to her and to her par


















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