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1985 Supreme(Online)(Guj) 3

GUJARAT HIGH COURT
K.S. Jhaveri, J
'A' v. 'B'


Advocates:
For the Appellants/Petitioners: Mr. M. C. Bhatt
For the Respondents: Mr. Vakharia

Table of Content
1. initial facts of marriage and grounds for divorce. (Para 1 , 2 , 3 , 4)
2. framed issue regarding mental cruelty and unchastity allegations. (Para 5 , 6)
3. findings on the implications of allegations on divorce eligibility. (Para 7 , 19 , 21)
4. legal arguments regarding mental cruelty through reckless allegations. (Para 10 , 13 , 15)

1. The present appeal is directed against the judgment and decree passed by the learned Extra Assistant Judge, at Bhavnagar in Regular Civil Appeal No. 37 of 1981, which in turn was directed against the judgment and decree passed by the learned Civil Judge, Senior Division, Bhavnagar in Hindu Marriage Petition No. 1/76. The appellant - wife had filed a petition against the respondent - husband for obtaining divorce on the ground of physical and mental cruelty. She alleged that the parties were married according to the Hindu rites on 24-1-1971 at Bhavnagar; that after the marriage she stayed with the respondent at his residence in Bombay up to 6-12-1973. Thereafter she returned to her parental home at Bhavnagar, where she gave birth to a male child on 8-7-1974. She had inter alia contended that the respondent - husband was behaving towa































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