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2020 Supreme(All) 687

SUDHIR AGARWAL, RAJEEV MISRA
Mamta Dixit – Appellant
Versus
Shailesh Dixit – Respondent


Advocates Appeared:
For the Appellant : Chandra Keshwar Singh.
For the Respondent: Abhishek Tripathi.

JUDGMENT :

Rajeev Misra, J.

1. This is plaintiffs First Appeal under Section 19 of Family Courts Act, 1984 (hereinafter referred to as 'Act 1984') arising out of Judgment dated 23.12.2016 and decree dated 9.1.2017 passed by Additional Principal Judge, Family Court, Kanpur Nagar in Suit No. 935 of 2011 (Smt. Mamta Dixit Vs. Sri Shailesh Dixit) dismissing suit of appellant for divorce filed on the ground of 'cruelty'.

2. We have heard Mr. Chandra Keshwar Singh, learned counsel for plaintiff (hereinafter referred to as 'appellant'). In spite of revision of cause list, no one has appeared on behalf of defendant-respondent (hereinafter referred to as 'defendant') even though name of Mr. Abhishek Tripathi is printed in the cause list as counsel for respondent.

3. Appellant instituted Suit No. 935 of 2011 (Smt. Mamta Dixit Vs. Sri Shailesh Dixit) for dissolution of marriage of parties solemnized on 21.2.1985. According to plaint allegations, marriage of parties was solemnized on 21.2.1985 in accordance with Hindu Rites and Customs at G.N.K. Inter College, Civil Lines, Kanpur Nagar; after marriage, appellant came to her matrimonial home situate at 104A/185 Rambagh, Kanpur Nagar and started dis

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