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1992 Supreme(All) 210

B.L.YADAV
VIMLESH W/o SRI PRAKASH CHAND SHARMA – Appellant
Versus
PRAKASH CHAND SHARMA S/o RAM PRASAD SHARMA – Respondent


Advocates Appeared:
J.P.PANDEY, K.S.CHAUDHARY, M.JAIN, R.S.Verma, S.N.Mishra, SVAMI DAYAL, V.S.SAXENA

B. L. YADAV, J.


( 1 ) - This is the defendants (wifes) Second Appeal in a petition for a decree of divorce filed by the plaintiff, the husband-respondent. The plaintiff respondent filed petition under S. 13 of the Hindu Marriage Act, (for short the Act), on the allegations that the marriage of plaintiff respondent with the appellant was solemnized on 24-2-1978 at Mainpuri in accordance with the relevant ceremonies of the Hindu religion. After marriage the appellant wife resided with her husband for about 15 months at Agra and thereafter without any sufficient cause she withdrew from the company of her husband on 28-7-79 and she deserted the respondent for more than two years. She has been suffering from mental disorder and he could not be expected to live with her. This fact was admitted by the wife in her letters. This all was done by her to bring the marital relation to an end. It was to such an extent that it was never resumed. Her behaviour was harsh and insulting. She misbehaved with her in-laws and has apathy to discharge marital obligations and prevented him the plaintiff to have such relations. The marriage even could not be consummated in spite of efforts by the husband. Sh










































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