A.K.MISHRA
Madhuri Aswani – Appellant
Versus
Arjundas Aswani – Respondent
1. This appeal has been preferred under section 19 of the Family Courts Act, 1984 calling in question the judgment and decree dated 5.11.2003 passed in Civil Suit No. 34-A/2002 passing decree of divorce on the ground of cruelty.
2. It is not in dispute that the marriage of Arjundas with Madhuri was performed sometime in the year 1994. Husband filed an application under section 13 of the Hindu Marriage Act seeking divorce on the ground that Madhuri was mentally retarded, still her marriage was performed. She was treated by Doctor Pradeep Kumar, but, her condition ultimately did not improve. She used to go back to her house without permission and brother-in-law Nanakram used to visit her and Madhuri used to stay with him without informing the husband for several days, her search had to be made number of times. On one of the occasions Nanakram was found with Madhuri in objectionable condition. It was objected to by the husband, at that time he was humiliated. Thus, Madhuri was living an adulterous life, when husband objected, false report was lodged against husband and family members about MARPEET etc., whereas his brothers were residing separately for the last six years, false' c
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