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2007 Supreme(P&H) 1948

R.S.MADAN
Pawan Kumar – Appellant
Versus
Aruna Rani – Respondent


Advocates:
For the Appellant :Mr. Sudeep Mahajan, Advocate.
For the Respondent:Mr. B.R. Mahajan, Advocate.

JUDGMENT

R.S. Madan, J.:- This is a husband’s appeal filed against the judgment and decree dated 28.8.2001 passed by Shri K.C.Puri, the then Additional District Judge, Amritsar, in a Petition bearing No.195/1992, under Section 13 (1) of the Hindu Marriage Act, 1955, as amended for dissolution of marriage by a decree of divorce, which was dismissed.

2. In brief the facts of the case are that the appellant- husband filed a petition under Section 13 of the Hindu Marriage Act for dissolution of marriage by a decree of divorce against the respondent-wife on the ground of desertion and cruelty. But later on by way of amendment, ground of adultery was also added after about a period of four years of filing of the divorce petition.

3. The marriage between the parties was solemnised on 11.5.1981 according to Hindu rites and ceremonies at Sujanpur, District Gurdaspur. Both the parties resided together as husband and wife and cohabited with each other at Amritsar. Out of this wed-lock, two children, namely, Rachna and Raghurai were born. The case of the appellant that right from the inception of marriage, the conduct of the respondent was very cruel. She always used to insult and abuse him in




























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