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2013 Supreme(MP) 284

S.K.Gangele, D.K.Paliwal
Vishnu Prasad – Appellant
Versus
Saroj Saxena – Respondent


Advocates:
Anand V. Bhardwaj for appellant;
Anil Mishra for respondent.

JUDGMENT

Paliwal, J. -- 1. Appellant-husband has preferred this appeal under section 28 of the Hindu Marriage Act, 1955 (for brevity “the Act”) being aggrieved by the judgment and decree dated 22nd February, 2001 passed by Fourth Additional District Judge, Vidisha, in Case No.25-A/98 HMA, whereby the petition of the respondent-wife for judicial separation has been allowed.

2. Respondent-wife preferred a petition under section 9 of the Act and in the alternative under section 10 of the Act pleading that first wife of the appellant died in the year 1987 leaving behind four daughters. After the death of first wife, the appellant solemnized marriage in accordance with Hindu customs and rites with the respondent. After marriage appellant kept the respondent well for 1-2 years thereafter started ignoring her.The appellant used to harass her and deprived her of food and medicines. Ultimately the appellant-husband ousted the respondent-wife from his residence. It is further pleaded that as soon as she came to know that appellant has got published an advertisement for his third marriage in a magazine, she filed a civil suit and got stay. The respondent-wife also filed the petition for grant o
































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