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2018 Supreme(Online)(Chh) 759

IN THE HIGH COURT OF CHHATTISGARH
Deepak Kumar, J
Rakesh Kumar v. Sarswati Thakur


Advocates:
For the Appellants/Petitioners: None
For the Respondents: None

Table of Content
1. initial claims of cruelty and mental distress. (Para 1 , 2 , 3)
2. arguments regarding allegations of second marriage and cruelty. (Para 4 , 5 , 6)
3. legal interpretations of cruelty leading to divorce. (Para 14 , 22)
4. judicial assessment of evidence and credibility of allegations. (Para 18 , 19 , 20)
5. conclusion granting divorce. (Para 23 , 24 , 25)

1. In this Appeal under S.19(1) of the Family Courts Act , 1984 the appellant is aggrieved by the dismissal of his suit for grant of divorce under S.13 of the Hindu Marriage Act , 1955 (for short 'the Act').

2. The suit was preferred on the ground that the parties were married at Rajnandgaon on 11.5.1994. After 5-6 months of the marriage, the respondent / wife joined the service as Nurse in the Department of Health without consent of the appellant. In June, 1996, she lodged a false criminal complaint case before the JMFC, Durg against the husband and his relatives for offence under S.498 - A, 493, 494, 495 and 496 of the IPC. She also indulged in making false and reckless allegations of performing second marriage by the appellant. She has deserted the appellant for more than 2 years and they have not cohabited since

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