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2011 Supreme(P&H) 149

K.KANNAN
SUMAN @ SONU DESH RAJ – Appellant
Versus
DESH RAJ – Respondent


Advocates appeared:
MR. ASHOK KUMAR SHARMA, ADVOCATE FOR THE APPELLANT.

JUDGMENT

K.KANNAN, J. (ORAL) - The appeal is against dismissal of the petition for divorce sought at the instance of the wife on the ground that the husband was guilty of cruelty. The averments in the petition relating to cruelty were that the husband used to give merciless beatings to her and he was seeking for more dowry and she was also abused by derogatory epithets. The further allegation was that the respondent never had any sexual relations with the petitioner and he was unable to have normal relations with the wife. It was also stated in the petition that he has been constantly demanding large sums of money and since the amount was not paid, she was sent out of the house. A panchayat of respectable persons of village Kheri Masania had been held but the behaviour of the respondent and his family members were cold and unsupportive and refused to keep the petitioner in the matrimonial home unless 1 lac is paid.

2. Although the petition had been served on the respondent, he remained ex-parte. The petitioner had filed an affidavit in support of her contentions and she had also made references to convening of panchayat, but that the behaviour of the respondent was not supportive.


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