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1998 Supreme(All) 767

B.K.ROY, R.K.MAHAJAN
SUNITA SINGH – Appellant
Versus
RAJ BAHADUR SINGH – Respondent


Advocates Appeared:
RAM NIVAS SINGH, V.K.CHANDEL

R. K. MAHAJAN, J.

( 1 ) THIS is an appeal under Section 19 of the Family Court Act, 1984 (hereinafter referred to as the Act) challenging the judgment and decree dated 20-1-1997 passed by Shri B. D. S. Srivastava, Family Court Judge, Varanasi allowing Family Court petition No. 348 of 1995 filed under Section 13 of the Hindu Marriage Act) and for dismissing the aforesaid divorce petition with costs.

( 2 ) THIS is an unfortunate matrimonial case. The marriage was solemnised according to Hindu rites and ceremonies on 18-5-1994. The appellant-wife immediately went to her matrimonial house and according to her case she returned on 21-5-1994 to her parental home where she stayed for some time and again went back on 7-12-1994 to her matrimonial house. There is an allegation that thereafter the husband and members of the family of the husband started torturing her demanding more dowry and they sent the appellant-wife to the parental home on 12-12-1994.

( 3 ) THE version of the husband-respondent, however, on the other hand is as follows :- after solemnisation of the marriage on 18-5-1994 his wife went back for a short time and came for the second time after "gauna" on 17-12-1994. She told































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