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1987 Supreme(MP) 49

GULAB C.GUPTA
Surendra Singh Chauhan – Appellant
Versus
Mamta Chouhan – Respondent


Advocates Appeared:
M.A.KHAN, P.S.GOTHALVAL,

JUDGMENT :

( 1. ) THIS is husbands appeal, filed under Section 28 of the Hindu Marriage Act, 1958 (hereinafter referred to as the Act) and is directed against the judgment and decree dated 30th April, 1984, passed by II Additional Judge to the Court of District Judge, Jabalpur in Civil Suit No. 31-A of 1983.

( 2. ) THE parties are legally married husband and wife and have a son born to them out of this wedlock. The appellant, in his application filed under Section 13 of the Act, prayed for a decree of divorce on the ground of cruelty and desertion by the respondent. It was alleged in the said application that the respondent is of a quarrelsome nature and lived with the appellant only for about 4 months in a period of 2-1/2 years. Even during this period, it was alleged, the respondent created problems by treating with cruelty the infant son and other members of the family. It was also alleged that the respondent once tried to throw the infant child into a well and also tried to burn herself. It was further alleged that she was, at the relevant time living with her in-laws and had thereby permanently brought the relationship to an end. The respondent, in her written-statement, admitte











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