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2018 Supreme(Online)(Chh) 714

CHHATTISGARH HIGH COURT
Sanjay K. Agrawal, J
Sushil Chandra Sen v. Champa Sen


Advocates:
For the Appellants/Petitioners: Mr. A
For the Respondents: Mr. B

Table of Content
1. husband's appeal on grounds of desertion. (Para 1 , 2 , 5)
2. wife's claim of husband inducing her departure. (Para 3 , 8)
3. court's analysis on desertion's legal definition. (Para 7 , 9 , 10)
4. evidence inconsistencies regarding desertion claim. (Para 11 , 12 , 14)
5. court's ruling overturning lower court's judgment. (Para 15 , 16)

1. This is husband's appeal under S.28 of the Hindu Marriage Act, 1955 (henceforth 'the Act of 1955') assailing the legality and validity of the judgment dated 31.10.2002 rendered in Civil Suit No.91 - A of 2002 by the 5th Additional District Judge, Bilaspur allowing the wife's application under S.13(1)(i - b) of the Act of 1955 for grant of divorce on the ground of desertion.

2. The wife / Respondent moved the subject application with the averment that she and the husband / Appellant were married at Bilaspur on 19.2.1995. Thereafter, she came to her matrimonial house at Ambikapur, but within a short period of 30 days, she was driven out of her matrimonial house because her parents could not fulfill the demands made by the husband / Appellant. Thereafter, she filed a suit, being Civil Suit No.10 - B of 1999 for recovery of dowry items






























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