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1985 Supreme(MP) 396

RAM PAL SINGH
HARGOVIND SONI – Appellant
Versus
RAMDULARI – Respondent


Advocates Appeared:
M.L.Bohare, R.C.Lahoti, R.K.Patni

RAM PAL SINGH, J.

( 1 ) THE husband, aggrieved by the rejection of his prayer for divorce by the District Judge, Guna, by his judgment dated 31-1-1979, has preferred this appeal under S. 28 of the Hindu Marriage Act, (for short, hereinafter referred to as 'the Act' ).

( 2 ) RESPONDENT is his first wife who was barren for 12 years while living with the appellant-husband. According to the husband, on the advice and instigation, the appellant acquired a second wife, by marriage. But, after this second marriage, the differences between the appellant and respondent widened. At last, the caste Panchayat assembled on 24-6-1966, which decided that the appellant should pay a monthly maintenance to the respondent and should also provide shelter in his own home. But, on 28-4-1968, the respondent left her husband's home with bag and baggage and on 19-5-1978, started proceedings in a Court of law for maintenance. Ultimately, there was a compromise and the appellant was required to pay the respondent a maintenance amount of Rs. 50/- p. m. According to the husband/appellant, he never cohabited with the respondent after 28-4-1968, but she delivered a boy on 12-3-1969 and a girl on 27-5-1975, and as


















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