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2012 Supreme(MP) 36

G.D.SAXENA, S.K.GANGELE
Ranjeet Kaur – Appellant
Versus
Surendra Singh Gill – Respondent


Advocates:
D.D. Bansal for appellant;
Smt. June Choudhari with Santosh Agrawal and Miss Suneeta Choudhari for respondent.

JUDGMENT

Saxena, J. -- 1. This appeal is by the appellant-wife against the judgment dated 25th September, 2010 in C.S. No.26-A/10 of the Third Additional Sessions Judge, Vidisha (M.P.), granting a decree of divorce to the respondent-husband under section 13(1)(ia) of the Hindu Marriage Act, 1955.

2. The respondent-husband filed a petition under section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955, seeking dissolution of the marriage on the ground that the wife, i.e., the appellant herein, had deserted the respondent and thereby the matrimonial home since September, 1995. It is stated that the marriage was solemnised on 5th May, 1995 as per Hindu (Sikh rights) religion. On or before marriage, the appellant-wife was in a job (O.A. Grade III in District Industry Centre), Vidisha whereas the respondent-husband was working as Civil Engineer in a private sector at Gwalior (M.P.). The marriage was duly consummated and one son, namely, Sparsh was born out of their wedlock, who is at present living with his mother at her parental house, at Vidisha. On perusal of the pleadings of the parties, it appears that the marital relations were not cordial between both of them right from the begin











































































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