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2009 Supreme(MP) 685

K.K.LAHOTI, K.S.CHAUHAN
Raman Kumar – Appellant
Versus
Bhawna – Respondent


Advocates:
Sanjay Dwivedi for appellant.

JUDGMENT

Chauhan, J. -- 1. This appeal under section 28(1) of the Hindu Marriage Act, 1955 has been preferred by the appellant being aggrieved by the judgment and decree dated 30.10.2003 passed by the Additional District Judge, Sohagpur, District Hoshangabad in Civil Suit No.22-A/2000, whereby the divorce petition filed by the appellant has been dismissed.

2. The facts of the case in short are that on 3.6.1998 the appellant and respondent entered into sacrament tie of wedlock according to Hindu rites and thereafter the respondent-wife was brought to matrimonial home. The time when consummation of marriage or cohabitation came, the respondent-wife turned into inaccessibility and refused to have sexual intercourse on the ground that the marriage was, in fact, solemnized against her volition and wishes by her parents. She was desirous to marry according to her own choice after completing her study. Therefore, she would not provide the appellant pleasure, love and affection of a married wife, hence it would be better to protect her chastity. No cohabitation could take place. On second turn, when again she came to the nuptial home she reiterated the same and asked him to get marriage di








































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