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2019 Supreme(P&H) 2536

RAKESH KUMAR JAIN, HARNARESH SINGH GILL
Rajesh Devi – Appellant
Versus
Jai Prakash – Respondent


Advocates:
Advocate Appeared:
N.S. Shekhawat, Adv., Pratibha Yadav, Adv.

JUDGMENT :

Rakesh Kumar Jain, J.

The appellant-wife is aggrieved against the judgment and decree dated 20.12.2002 passed by the Family Court, by which her marriage with the respondent (since deceased) was dissolved on the ground of cruelty.

2. The brief facts of the case are that the marriage of the appellant with the respondent was solemnized on 14.02.1982 as per Hindu rites and ceremonies at village Gokalgarh, Tehsil and District Rewari. At the time of marriage, the respondent was a widower as his earlier wife, namely, Ramawati died and out of the said wedlock, he had a son, namely, Ravinder Kumar, whereas the appellant was a spinster. It was pleaded by the respondent-husband that two sons, namely, Dipender and Yogender were born out of the said wedlock and when he was in service at Gujarat police at Ahmedabad, the appellant developed relations with some other person of her village Gokalgarh. It was also pleaded that the appellant had admitted the act of adultery in her letters by referring herself to be a bad woman. It was further averred in the pleadings that the appellant used to call him an eunuch (Hijra) and had refused to do the household work. It is categorically pleaded in p

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