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2025 Supreme(Online)(CHH) 4125

HIGH COURT OF CHHATTISGARH
Rajani Dubey, Sachin Singh Rajput, JJ
Suvarna Awadhiya – Appellant
Versus
Vikas Awadhiya – Respondent


Advocates:
For the Appellants/Petitioners:Ms. Ruchi Nagar, Advocate on behalf of Mr. Pragalbha Sharma, Advocate
For the Respondents:Mr. Akash Ku. Kundu, Advocate

Table of Content
1. the case involves an appeal against a divorce decree citing cruelty. (Para 1)
2. the court's observations highlighted the lack of evidence supporting cruelty claims. (Para 10 , 11 , 12 , 13 , 14 , 15)
3. the final judgment modified alimony and dismissed the appeal. (Para 16 , 17)

C A V Judgment

Per Rajani Dubey, J Challenge in this appeal under Section 19 of the Family Courts Act is to the legality and validity of the judgment and decree dated 3.7.2019 passed by First Additional Principal Judge, Family Court, Raipur in HMA No.508/2016 whereby the application filed by respondent/plaintiff under Section 13 of the Hindu Marriage Act, 1955 (in short "the Act of 1955") for decree of divorce on the ground of cruelty has been allowed.

02. The respondent/husband filed an application under Section 13 of the Act of 1955 with the averments that his marriage was solemnized with the appellant on 3.7.2003 and from their wedlock one son Varesh Kumar was born on 13.1.2005. It was pleaded that after marriage, the appellant/wife started quarreling with the respondent for living separately. She used to suspect that the respondent/husband has illicit relations with his sister-in-law

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