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2004 Supreme(P&H) 522

V.M.JAIN
Roshi W/o Sher Singh – Appellant
Versus
Sher Singh – Respondent


Judgment

V.M.Jain, J.

1. This appeal has been filed by the appellant wife against the judgment and decree dated 5.10.1995 passed by the Additional District Judge, vide which the petition for divorce filed by the appellant wife against the respondent husband was dismissed.

2. The facts, in brief, are that on 24.1.1995, the appellant wife filed a petition under Section 13 of the Hindu Marriage Act, 1955 against the respondent husband seeking dissolution of marriage by a decree of divorce. It was alleged that the marriage between the parties was solemnized in the year 1982 and that at the time of marriage, she was aged 6/7 years while the respondent was aged about 45 years. It was alleged that in May, 1992 the muklawa ceremony had taken place and the petitioner had gone to her matrimonial home and the parties lived together as husband and wife. It was alleged that the respondent was habitual to drinking liquor and poppy husk, and after the marriage, he started, harassing the petitioner during her stay in her matrimonial home and he also gave her severe beatings and tortured her. It was alleged that the respondent tried to prostitute her and she was not provided proper food and clothing








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