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2018 Supreme(All) 1295

PANKAJ MITHAL, RAJIV JOSHI
Swati Chaudhary – Appellant
Versus
Major Sumit Bana – Respondent


Advocates Appeared:
For the Appellant : Manoj Kumar Rajvanshi, P. Shankar, Prabha Shanker Chaturvedi
For the Respondent: Jagdev Singh, Sanjay Kumar Singh.

JUDGMENT :

1. The wife Smt. Swati Chaudhary has preferred this appeal under Section 19 of the Family Courts Act, 1984 against the judgment, order and decree of divorce dated 7.9.2016 passed by the Principal Judge, Family Court, Allahabad in Marriage Suit No. 1118 of 2011 instituted by the respondent husband Major Sumit Bana for dissolution of their marriage.

2. The parties to the appeal were married on 25.6.2004 at Meerut. The husband was a Captain in the Indian Army who was posted at Pune at the relevant time. The wife was non working but with a degree of M.Sc. The parents of the husband were residing at Ghaziabad whereas that of the wife at Lucknow.

3. The respondent husband instituted the aforesaid suit for dissolution of marriage on the ground of cruelty and desertion.

4. The respondent husband contended that the appellant wife from the very beginning was not interested in discharging her marital obligations and that her behaviour was non co-operative. She had accompanied him to Pune in June 2004 and remained there with him till August 2004. Thereafter, he was posted at Sikundarabad in December 2004 and the appellant wife stayed with him in Sikundarabad between March to May 2005. H



































































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