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2022 Supreme(MP) 477

SHEEL NAGU, ANAND PATHAK
Rajesh Bhoyale – Appellant
Versus
Mahadevi – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri T.C. Narwariya, learned counsel.

JUDGMENT :

Anand Pathak, J.

1. The present appeal is preferred under Section 19 of the Family Court Act, 1984 against the judgment and decree dated 27-03-2019 passed by the Link Family Court, Gwalior whereby the application preferred by the appellant/applicant/husband under Section 13(1)(iA) of Hindu Marriage Act, 1955 (hereinafter referred to as "the Act") has been rejected.

2. Precisely stated facts of the case are that marriage of appellant and respondent was solemnized on 22-02-2004 according to Hindu Rites and Rituals. After marriage, respondent/wife insisted to live separately and in order to maintain domestic peace, after 6 months of marriage, appellant and respondent started living separately. Despite living separately, respondent/wife used to quarrel with appellant and left for her maternal home without any information. She did not take any interest in household work. Out of their wedlock two children born but due to negligence on part of wife, one child died and only one survived. Respondent/wife used to talk on mobile for hours together and used to move with unknown persons during late night in city. Thus, domestic incompatibility prevailed between the parties which led to

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