SANTOSH KUMAR TRIPATHI Vs. SAROJ TRIPATHI
HIGH COURT OF CHHATTISGARH
SANTOSH KUMAR TRIPATHI
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(1.) This appeal has been directed against the judgment and decree
dated 23-6-2004 passed by Vth Additional
District Judge, Durg (CG) in Civil Suit No.
2A/2003 whereby the suit for grant of divorce has been dismissed.
(2.) Appellant and respondent belong to
Hindu religion and are governed by Hindu
rites and rituals. In the month of May 1978
the marriage of appellant and respondent
was solemnized, according to Hindu rites,
rituals and customs at village Dhendhar.
Tahsll Tyonthar, District Rewa (MP). At
present, appellant and respondent are living separate from each other.
(3.) Appellant filed an application under
Section 13(l)(ia) and (ib) for grant of divorce
on the ground of cruelty and desertion. Averments made by the plaintiff/appellant are
that for the first time respondent came to
her matrimonial house at Bhilai in the year
1983 to live with appellant, she remained
there for one year and left for her parental
house. Again in the year 1987 she came back
to her matrimonial house to live with appellant and lived for around one year and again
left for her parental house. She came to her
matrimonial house back for the last time in
the month of February, 1994 to live with the
appellant and after staying for about 11
months, in the month of December, 1994
she again left for her parental home and
since then she is residing in her parental
house and is not returning back despite
appellant's sincere continuous efforts. In the
year 1992 appellant received severe injuries
in an accident, but the respondent although
informed, did not come back. During pendency of the petition she made a complaint
before the Superintendent of Police, Rewa,
alleging that the appellant and his mother
had demanded dowry and subjected her to
cruelty. Police found the said complaint
false, hence did not prosecute the appellant.
The said complaint caused mental torture
to the appellant.;
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