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1991 Supreme(MP) 244

D.M.DHARMADHIKARI
Bhavna Adwani – Appellant
Versus
Manohar Adwani – Respondent


Advocates:
Y.K. Munshi for appellant; Ashok Lalwani for respondent.

JUDGMENT

D.M. Dharmadhikari, J. -- 1. In this appeal by the wife, under the provisions of section-28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act), the question that needs to be decided is, whether the conduct of the wife, as brought out by evidence on record, amounts to 'wilful neglect' on her part, within the meaning of explanation appended to section 13 (1) of the Act, so as to upheld the decree of divorce under section 13 (1) (ib) of the Act?

2. Parties were married on 27.4.1983 at Raipur. Admittedly, they lived together after marriage at Raipur between 27.4.1983 to 19.6.1983. It is also not disputed that one Murlidhar, brother- in-law of the wife, took her back on 20.6.1983 to Katni for a brief stay with her parents.

3. The case of the husband is that thereafter he made repeated approaches personally, through his relations and also by sending her letters requesting her to come back home, but she persistently expressed her inability to do so. In the course of these attempts to bring the wife back to home, on 29.11.1983, the husband himself went to Katni with his sister, Padma and brother- in-law, Arjundas to bring back the wife ceremoniously, according to th




















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