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2018 Supreme(MP) 251

S.K.GANGELE, ANURAG SHRIVASTAVA
Vijay Vathvi – Appellant
Versus
Chhaya Vathvi – Respondent


Advocates Appeared:
For the Appellant : J.K. Verma
For the Respondents: Manish Tiwari

JUDGMENT :

S.K. Gangele, J.

1. Appellant has filed this appeal against the judgment dated 26.3.2010 passed in Civil Suit No. 617-A/2008 by which the Trial Court dismissed the suit of the appellant for divorce. Marriage of appellant husband was solemnized with the respondent on 26.4.2001 at Bhopal. As per appellant, respondent wife lived with him up to 28.7.2001 thereafter she did not return back to live with him. She made a demand that she would like to live with the appellant, if he would take a separate house. Appellant was living at that time with his widow mother and wife. Appellant pleaded that it was not possible for him to live in a separate accommodation. Appellant served a notice to respondent on 23.3.2002. He received reply on 9.4.2002 and thereafter, respondent lived with the appellant for a period of two months. She became pregnant. She gave birth of a daughter in the house of her father and mother. Appellant filed a suit for restitution of conjugal rights under Section 9 of Hindu Marriage Act. Compromise was entered between the appellant and respondent on 8.5.2008, thereafter, respondent came back to live with the appellant. She again went to her parental house on 14.8.2






























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