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2009 Supreme(P&H) 1122

VINOD K.SHARMA
Hav. Diwan Chand – Appellant
Versus
Raj Kumari – Respondent


Judgment

Vinod K.Sharma, J.

1. This is husbands appeal against the grant of decree of divorce under Section 13 of the Hindus Marriage Act (for short the Act) filed by the respondent/wife.

2. The respondent/wife sought a decree of divorce on the allegations that the marriage between the parties took place in the month of June, 1980 at village Khanni, Himachal Pradesh according to Hindu rites and ceremonies. After the marriage the parties lived and cohabited as husband and wife in village Gobindsar and out of the wedlock three children namely Nisha Rani aged about 15 years, Krishana Rani aged about 13 years and Parveen Singh male aged about 10 years were born, who are staying with the respondent/wife.

3. It was the case set up by the wife that the relations between the parties remained cordial for three years. Thereafter, the appellant/husband who was habitual drunkard, was in habit of assaulting the respondent/wife and further he leveled false allegation of adultery. He wrote a letter to one Smt. Sarjiwana Devi wife of Shiv Kumar Shastri, a Preacher belonging to Mathura, who used to visit the village Gobindsar in connection with religious function. False allegations about character w
















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