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1999 Supreme(MP) 198

S.C.PANDEY
Satrupa – Appellant
Versus
Basant Kumar – Respondent


JUDGMENT

S.C. Pandey, J.

1.This is an appeal filed by the wife against the judgment and decree dated 31st of October, 1995 in Civil Suit No. 51-A/94 decided by the learned Special Judge, Marriage and Family Dispute, Sagar. The respondent filed an application under Section 13 of the Hindu Marriage Act, 1955, registered as Civil Suit No. 51-A/94, against the appellant on the ground of desertion and cruelty.

2. The case of the respondent was that after marriage on 9.2.1989 in village Kesli, the appellant came to her matrimonial home at village Chandpur. Thereafter, on 12.2.1989 she went to village Kesli. It was claimed that the respondent and the appellant did not cohabit together as husband and wife for two days when the appellant remained with her at Kesli between the period of 10.2.1989 to 12.2.1989. The respondent claimed that the appellant did not allow sexual contact with her on the ground that she was having manstrul discharge during that period. Thereafter, the appellant was not sent back by her father on the ground that the appellant was haying her examination. Thereafter, the father of the appellant Shri Ramcharan Pachauri sent her back without the usual ornaments worn by the w







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