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2010 Supreme(All) 3645

ASHOK SRIVASTAVA
Manoj Kumar Tripathi – Appellant
Versus
Kalpana Tripathi – Respondent


Advocates appeared:
Petitioner Counsel:- Utpal Chatterji
Respondent Counsel:- Govt. Advocate, Vijai Prakash

JUDGMENT:

Ashok Srivastava, J.

This revision has been filed by the revisionist against the judgment dated 13.2.2008 passed by learned Principal Judge, Family Court, Meerut in Case No.72 of 2007, Smt. Kalpana Vs. Manoj under section 125 Cr.P.C.

Fortunately in the instant case most of the facts are admitted. It is admitted fact that the revisionist had married opposite party no.1 and out of this wedlock two sons were born who are opposite party nos. 2 & 3. It is also admitted that the revisionist and opposite party no.1 are living separately from each other since long and opposite party nos. 2 & 3 are living with their mother. As per records opposite party no.1 was married to the revisionist on 6.7.1994 in Kota Rajasthan. The revisionist was posted as Assistant Process Chemist in Darula Organic Company, Meerut. Therefore, the opposite party no.1 had come alongwith him to Meerut and they started living together. Opposite party no.1 was shocked when she came to know that the revisionist was a patient of Schizophrenia and this fact was concealed by him and his family members before the marriage. Due to this mental disorder the revisionist regularly misbehaved with opposite party no.1 an



















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