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2003 Supreme(P&H) 573

MEHTAB S.GILL
Satish Chand Sharma – Appellant
Versus
Neeru – Respondent


Judgment

Mehtab S. Gill, J.

1. Respondent Neeru filed a petition under Section 13 of the Hindu Marriage Act for dissolution of her marriage by a decree of divorce.

2. In the petition, it was averred that the present appellant, demanded dowry in cash and also demanded a scooter. He humiliated the respondent, saying that she was barren and was medically unfit to produce a child. Respondent was beaten several times.

3. A case under Sections 498/406 of the Indian Penal Code was registered against the present appellant. Learned counsel for the appellant has stated, that the appellant had filed a suit before the trial Court for restitution of conjugal rights. This suit was decreed. In spite of this suit being decreed, respondent still did not come and live in the company of the appellant. Learned counsel for the respondent has stated that the decree passed in favour of the appellant for restitution of conjugal rights was never executed. The appellant never filed execution application to have the decree executed.

4. I have heard the learned counsel for the parties and gone through the record with the assistance of the learned counsel.

5. Arguments put forward by the learned counsel for the



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