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2013 Supreme(MP) 285

S.K.GANGELE, D.K.PALIWAL
Indu Kushwah – Appellant
Versus
Manoj Singh Kushwah – Respondent


Advocates:
Pramod Gohadkar for appellant;
P.C. Chandil for respondent.

JUDGMENT

Paliwal, J. -- 1. Appellant-wife has preferred this appeal under section 19 of the Family Court Act being aggrieved by the judgment and decree passed by the Additional Principal Judge, Family Court, Gwalior, in Civil Suit No.266-A/2009 HMA on 6.1.2011, whereby decree of divorce has been granted in favor of respondent-husband.

2. The respondent/husband filed a petition under section 13 of the Hindu Marriage Act, 1955 pleading that his marriage with the appellant- wife was solemnized in accordance with the Hindu customs and rites on 18.5.1995. After marriage on the very first night, appellant told the respondent that she was not ready to marry with him because she in love of one Pinki Gurjar and wanted to marry with him. Despite insistence by the respondent, appellant did not allow him to have sexual intercourse. It is further pleaded that after 8 months of marriage on 18th January, 1996 the appellant gave birth to a male child. When the respondent asked, appellant replied that child is of Pinki Gurjar. It is further pleaded that father of the respondent is a bank officer and have a reputation in the society, therefore, the respondent, did not disclose the above fact to anybod






























































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