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2019 Supreme(All) 2241

SUDHIR AGARWAL, RAJEEV MISRA
Vishnu Shankar Pandey – Appellant
Versus
Maya Pandey – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Harish K. Yadav, Harish Kr. Yadav
For the Respondent: Brijesh Shukla, Arvind Kumar Tiwari

JUDGMENT :

RAJEEV MISRA, J.

1. Challenge in this appeal under Section 19 of Family Courts Act, 1984 (hereinafter referred to as 'Act, 1984') is to the judgment dated 25.8.2014 and decree dated 17.9.2014, passed by Additional Principal Judge, Family Court/Additional District and Sessions Judge (Court No. 3), Allahabad, dismissing Matrimonial Petition No. 239 of 2009 (Sri Vishnu Shanker Pandey Vs. Smt. Maya Pandey) under section 13 of Hindu Marriage Act, 1955 (hereinafter referred to as 'Act, 1955') filed by plaintiff-appellant for dissolution of marriage of the parties.

2. Plaintiff-appellant Sri Vishnu Shanker Pandey (hereinafter referred to as 'appellant') filed Matrimonial Petition No. 239 of 2009 (Sri Vishnu Shanker Pandey Vs. Smt. Maya Pandey) for divorce on the grounds of cruelty and desertion. According to plaint allegations, marriage of parties was solemnized 28-29 years prior to institution of above mentioned matrimonial petition. From wedlock of parties, three children namely, Sarita Pandey-Date of Birth 9.12.1984, Surya Prakash Pandey-Date of Birth 2.11.1987 and Ved Prakash Pandey-Date of Birth 5.11.1989, were born. Appellant retired from post of Honorary Lieutenant from Ind

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