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2016 Supreme(MP) 443

ALOK ARADHE, ANAND PATHAK
Sheel Kumari – Appellant
Versus
Asharam – Respondent


Advocates:
Prashant Sharma for appellant;
None for respondent.
.

JUDGMENT

Pathak, J. -- 1. This appeal has been preferred against the judgment and decree dated 20.9.2002 passed by trial Court whereby the marriage between the parties has been dissolved on the grounds of mental cruelty and desertion. In order to appreciate the controversy involved in this appeal few relevant facts need mention which are stated herein under.

2. The respondent entered into the wedlock with the appellant in 1998 at village Manora, District Vidisha as per Hindu rites out of which two children were born. The respondent filed a petition under section 13 of the Hindu Marriage Act, 1955 inter alia on the ground that his wife intermittently used to prolong her stay at her parental home. She used to insist respondent to live at her parental home at village Manora, to which the respondent did not agree.

3. It was pleaded that after some years, the behaviour of appellant became more and more aggressive and around 1992 she left her matrimonial home and despite persuasion by the respondent, she did not join the matrimonial home. The respondent by a notice dated 15.7.1992 asked the appellant to join the matrimonial home, pursuant to which she returned to her matrimonial home for so









































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