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2016 Supreme(All) 1819

SUDHIR AGARWAL, RAKESH SRIVASTAVA
JAYANTI – Appellant
Versus
OM PRAKASH PANDEY – Respondent


Advocates:
Counsel :
R.K. Chaube for the Appellant; K.K. Mani and S.C. Tripathi for the Respondent.

JUDGMENT

By the Court.—Under challenge in this appeal under Section 19 (1) of the Family Courts Act, 1984 is the judgment and decree dated 30.5.2006 passed by Shri Ashok Kumar Saxena, Principal Judge, Family Court, Gorakhpur in Matrimonial Suit No. 73 of 1999, Dr. Om Prakash Pandey v. Smt Jayanti, whereby and whereunder the suit for divorce filed by Dr. Om Prakash Pandey under Section 13 of the Hindu Marriage Act, 1955 (for short ‘Act’) has been decreed.

2. Smt Jayanti, the appellant - wife and Dr. Om Prakash Pandey, the respondent-husband were married according to Hindu rites and customs on 23.6.1985. No issue was born from their wedlock. Since June 1993 the husband and wife are living separately. On 10.3.1999, after almost seven years after they started living separately, the respondent, a Reader in Deen Dayal Upadhyaya University, Gorakhpur filed a petition under Section 13 of the Act seeking dissolution of marriage by a decree of divorce on the ground of desertion and cruelty of the appellant.

3. According to the plaint allegations, from the beginning itself, the behaviour of the appellant was quite violent and rude. She would constantly be involved in fights with the members of









































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