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2019 Supreme(All) 933

SUDHIR AGARWAL, RAJEEV MISRA
Rajesh Kumar Chaudhary – Appellant
Versus
Sarita – Respondent


Advocates Appeared:
S.N. Pandey, Adv., Ashok Nath Tripathi, Adv., Havaldar Verma, Adv., Namwar Singh, Adv., Sanjiv Singh, Adv.

JUDGMENT :

Rajeev Misra, J.

1. This plaintiff's Appeal under Section 19 of Family Courts Act 1984 (hereinafter referred to as the Act of 1984) filed by Rajesh Kumar Chaudhary (husband) challenging judgment dated 27.03.2012 and decree dated 10.04.2012 passed by the Principal Judge (Family Court), Varanasi in Petition No. 360 of 2004 (Rajesh Kumar Chaudhary Vs. Savita) whereby aforesaid petition for divorce filed by the plaintiff-appellant under Section 13 (1) of Hindu Marriage Act 1955 (hereinafter referred to as the Act of 1955) has been dismissed.

2. We have heard Mr. Ashok Nath Tripathi, learned counsel for plaintiff-appellant and Mr. Sanjiv Singh, learned counsel representing defendant-respondent.

3. The plaint case set up by plaintiff-appellant is that marriage of plaintiff-appellant was solemnized with defendant-respondent on 03.06.1994 in accordance with Hindu Rites and Customs. Defendant-respondent came to the house of plaintiff once or twice and again back to her parental home. The defendant-respondent never established conjugal relationship with plaintiff-appellant at her

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