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2018 Supreme(Online)(Chh) 791

IN THE HIGH COURT OF CHHATTISGARH
Thottathil B. Radhakrishnan, CJ, Sharad Kumar Gupta, J
Sandeep Kumar Mishra v. Nikky alias Ritu Mishra


Advocates:
For the Appellants/Petitioners: Smt. Indira Tripathi
For the Respondents: Shri P.P. Sahu

Table of Content
1. the case revolves around the appeal against the dismissal of a divorce petition. (Para 1 , 2 , 3 , 4)
2. arguments presented highlight the severity of alleged cruelty and cohabitation status. (Para 6 , 7)
3. judicial observations clarify the evidence regarding cohabitation and restitution. (Para 8 , 9 , 10 , 11 , 16 , 21 , 22)
4. ratio established regarding non-compliance and divorce eligibility. (Para 23 , 24 , 25 , 26)
5. final decision grants divorce based on legal standing and evidentiary support. (Para 32 , 33)

1. Challenge in this appeal is levied to the judgment and decree dated 25-6-2016 of the Judge, Family Court, Kabirdham(Kawardha), Chhattisgarh in Civil Case No. 10 - A / 2015 whereby and whereunder he dismissed the petition filed by the appellant under S.13 of the Hindu Marriage Act of 1955 (in brevity ' Act of 1955 - ) for dissolution of marriage solemnized between him and the respondent under the Act of 1955.

2. This is admitted by the respondent that the name, address and other particulars of both the parties shown in the title of the petition are true; both the parties are Hindu Brahmin by caste and governed by the Banaras School of Mitakshara Shakha;

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