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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
Pritinker Diwaker, J
Mithilesh Shrivastava – Appellant
Versus
Smt. Kiran Shrivastava – Respondent
| Table of Content |
|---|
| 1. allegations of mental disorder must be proven by substantial evidence. (Para 2 , 5) |
| 2. each party must substantiate claims with clear evidence. (Para 6 , 8) |
| 3. conduct that inflicts mental distress can constitute cruelty. (Para 10 , 19 , 20) |
| 4. dissolution of marriage requires meeting specific statutory criteria. (Para 25 , 28 , 30) |
1.This appeal, in a matrimonial case, is by the husband and is directed against the judgment and decree dated 22-9-2004 passed by 3rd Additional District Judge, Bilaspur in Civil Suit No. 14 - A / 2004 whereby the petition for dissolution of marriage filed under S.5(i)(b) read with S.12, S.13(1)(iii) and S.13(ia) of the Hindu Marriage Act, 1955 (for short 'the Act') by the appellant / husband has been dismissed.
2. Facts of the case in brief are as under : -
(i) The marriage between the appellant Mithilesh Shrivastava and the respondent Smt. Kiran Shrivastava was solemnized on 16-4-1998, as per Hindu Rites and Customs. No child was born from the wedlock. The marriage, according to the appellant, lasted up to 11-1-2000.
(ii) According to the appellant, immediately after marriage, the appellant noticed some abnormal behaviour of the responde
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