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2011 Supreme(MP) 781

SHANTANU KEMKAR, PRAKASH SHRIVASTAVA
Dinesh Nagda – Appellant
Versus
Shantibai – Respondent


Advocates appeared:
Mangesh Bhachawat for appellant;
A.K. Sethi with Harish Joshi for respondent.

JUDGMENT

Shrivastava, J. -- 1. This first appeal under section 96 of the CPC is at the instance of the plaintiff-husband against the judgment dated 16.2.2005 passed by the Court of Additional District Judge, Manasa, District Neemuch in Hindu Marriage Case No. 40/2005, dismissing the suit for divorce.

2. The appellant-husband had filed the suit for divorce on 6.5.2004 pleading that his marriage was solemnised with the respondent 22-23 years back and a female child was born out of the wedlock. Sometime after the marriage, the respondent had started pressurising the appellant to shift to her parents place as the father-in-law of the appellant had no male issue. When the appellant denied, the behaviour of the respondent changed and she started fighting with the family members of the appellant on small issues. About 10 years prior to the filing of the suit, the respondent had left the appellant's place along with her daughter and had gone to her parents place. The father of the respondent had filed a false complaint, alleging bigamy and cruelty against the appellant and his family members for offence under sections 494, 497, 498, 102 and 201/34 of the IPC and the prosecution continued for


























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