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2008 Supreme(All) 2369

PRAKASH KRISHNA
BRAJESH KUMAR – Appellant
Versus
ANJALI – Respondent


Advocates:
Counsel :
M.K. Gupta for the Appellant; S.K. Gupta, Ashok Bhatnagar and Ramanand Gupta for the Opposite Party.

JUDGMENT

Hon’ble Prakash Krishna, J.—This is yet another unfortunate appeal by husband against judgment and decree dated 25.4.2001 passed by the District Judge, Ghaziabad in petition No. 568 of 1995 (Madras) whereby the petition for divorce filed under Section 13 (1) (i-a) of the Hindu Marriage Act, 1955 has been dismissed.

2. The parties were married on 5th of April, 1990. Both of them belong to families of good status. The husband Brajesh Kumar at the time of marriage was employed as Probationer (I.R.E.S.) in Railways.

3. The wife, on the other hand, is M.A. (Zoology). The father of husband at the time of marriage was working as Deputy Collector and father of the wife was Superintendent Engineer in Irrigation Department.

4. Petition for divorce was filed at Madras (Chennai) initially which was transferred to Ghaziabad by the order of the Apex Court passed in T.A. (C) No. 457 of 1995, Smt. Anjali v. Brajesh Kumar.

5. The aforesaid petition for divorce was filed by the husband on the pleas as available to a party, on the ground of cruelty within the meaning of Section 13 (1) (i-a) of the Hindu Marriage Act as amended in the State of U.P.

6. It was pleaded in the divorce petition that
























































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