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2019 Supreme(All) 1690

SUDHIR AGARWAL, RAJEEV MISRA
Girish Chandra Srivastava – Appellant
Versus
Reeta Srivastava – Respondent


Advocates:
Advocate Appeared:
Sriprakash Dwivedi, Adv., Ratnesh Khare, Adv.

JUDGMENT :

Rajeev Misra, J.

This is plaintiff's appeal under section 19 of Family Court's Act 1984 (hereinafter referred to as "Act, 1984") arising out of judgment dated 16.7.2015 and decree dated 23.7.2015, passed by Principal Judge, Family Court, Varanasi in Marriage Petition No. 536 of 2013 (Girish Chandra Srivastava Vs. Smt. Reeta Srivastava) under section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as "Act, 1955") whereby, Court below has dismissed marriage petition filed by plaintiff-appellant for divorce on the grounds of cruelty, adultery and desertion.

2. According to plaint allegations, marriage of plaintiff-appellant was solemnized with Reeta Srivastava on 30.11.2001 in a very simple manner. It is the case of plaintiff-appellant that defendant-respondent, without taking consent of plaintiff-appellant, left her marital home in January, 2002 and is residing at her parental home since then. When all attempts by plaintiff-appellant for conciliation between parties failed and defendant-respondent did not return to her matrimonial home to live along plaintiff-appellant, Marriage Petition No. 536 of 2013 (Girish Chandra Srivastava Vs. Smt. Reeta Srivastava) under secti

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