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2023 Supreme(MP) 105

SHEEL NAGU, DWARKADHISH BANSAL
Shilpa Hardaha – Appellant
Versus
Praveen Kachhwaha – Respondent


Advocates:
Manhar Dixit for appellant;
Shakti Prakash Pandey for respondent.

JUDGMENT

1. This first appeal was admitted on 5.1.2022 but with the consent of parties, is heard finally, whereby the appellant/defendant/wife has challenged the judgment and decree dated 11.8.2001 passed by Principal Judge, Family Court, Mandla in Civil Suit No.23-A/2018 (RCSHM No.130/2018) allowing the petition under section 13(1)(i) of the Hindu Marriage Act, 1955 filed by the respondent/plaintiff/husband, resulting into decree of divorce on the ground of adultery.

2. In short the facts are that the plaintiff and defendant were married on 5.5.2018 as per Hindu rituals. It is alleged that within 4-5 days of marriage the defendant left the matrimonial home and started residing alone in a rented house at Mehgaon (Distt-Bhind). It is alleged that lastly on 10.6.2018 the plaintiff and defendant resumed cohabitation but thereafter the defendant avoided to come back and upon having suspicion the plaintiff informed the incident to his parents, thereupon father of the plaintiff along with his friend Sunil Benjamin reached the defendant’s residence at Mehgaon at 7:30 p.m., but the defendant did not open the door for about 15 minutes and thereafter one person named Adil came out from the de

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