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1989 Supreme(MP) 529

P.C.PATHAK
Daya Yadav – Appellant
Versus
Kishan Lal Yadav – Respondent


Advocates Appeared:
S.S.Chittoria, T.N.Singh,

JUDGMENT :

( 1. ) THIS is an appeal under Section 28 of the Hindu Marriage Act, 1955, by the wife against the judgment and decree of divorce passed against her by the trial Court.

( 2. ) THE suit for divoce was based on cruelty. Out of various instances of cruelty, the learned trial Court accepted the plea of cruelty as pleaded in para 4 of the plaint. On translation, the plea runs as under :

"the respondent very often told the petitioner after separating from your parents you should raised with me at Satna or get yourself transferred to Satna else I shall commit suicide and get you all arrested after making a report and you all shall be arrested on my report.

( 3. ) THE appellant wife denied the allegations. Learned trial Court held these allegations to be proved and passed a decree for divorce as aforesaid Hence this appeal.

( 4. ) AFTER hearing learned Counsel for both parties, I am of the opinion that the appeal must be allowed. The plea reproduced above lacks in material particulars and is, therefore, vague and should not have been put to trial. The plea does not disclose the date, time and place when alleged threate were issued by the wife. It is not disputed that the parties were




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