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1985 Supreme(P&H) 74

SUKHDEV SINGH KANG
Sital Singh – Appellant
Versus
Joginder Kaur – Respondent


Judgment

Sukhdev Singh Kang, J.

1. This appeal by Sital Singh is directed against the order and decree dated November 22, 1983, of the learned Additional District Judge, Jullundur, dismissing the appellants petition for a decree of divorce under Section 13 of the Hindu Marriage Act.

2. Facts giving rise to the filing of the appeal may be stated thus :

The parties were married on February 17, 1978. According to the appellants allegations, the respondent-wife withdrew from his society without any reasonable and probable cause on February 20, 1978. A son was born to the respondent at her parents house on January 9, 1979. On an application filed under Section 125 of the Code of Criminal Procedure, the trial Court granted maintenance to the child at the rate of Rs. 100/- per month. The appellant filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. It was decreed by the trial Court on October 25, 1980. The appeal (FAO No. 233-M of 1980) filed by the respondent-wife was dismissed by this Court on March 18, 1981. Thereafter the appellant filed the present petition for divorce under Section 13 of the Hindu Marriage Act on September 11, 1982. The reli





















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