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High Court Of ChhattisgarhMCC/8/2002allowed

Smt.Ashalata Das v. Akshay Kumar And Another

2016-08-12Hon'Ble The Chief Justice,Hon'Ble Shri Justice Goutam Bhaduri,Hon'Ble Shri Justice P. Sam Koshy2 pages

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR M.C.C. No. 8 of 2002 Smt. Asha Lata Das, W/o. Akshay Kumar Das, aged 26 years, occupation A.N.N. (Govt. Service), R/o. Andabandh, P.O. Mohadi, P.S. - Mahasamund, Tahsil and District - Mahasamund (C.G.) ---- Petitioner

Versus

1.

Akshay Kumar Samuel, through : Anup Samuel, R/o. Jai Kisan Jai Jawan, Ravi Gram Teli Bandha, Raipur, Tahsil and District - Raipur (C.G.) 2.

Ku. Meena Das, D/o. Alwai Das, aged 24 years, R/o. Gadabandh, P.O. Mohadi, Tahsil and District - Mahasamund (C.G.) ---- Respondents For Petitioner- : None For Respondents- : None Hon'ble Shri Deepak Gupta, Chief Justice Hon'ble Shri Justice Goutam Bhaduri Hon'ble Shri Justice P. Sam Koshy Order on Board Per Deepak Gupta, Chief Justice 12/08/2016 1.

This is a reference under Section 17 of Indian Divorce Act, 1869 for confirmation of the decree of divorce granted by the learned Fifth Additional District Judge, Raipur, under Section 10 of Indian Divorce Act, 1869 vide order dated 24.07.2001 passed in Civil Suit No.61-A/2000.

2.

Admitted facts are that the parties are Christian and governed by Indian Divorce Act.

3.

The petition was filed for divorce by the petitioner wife on the ground that the husband has treated her with cruelty and that after marriage he was living in adultery with respondent No.2. 4.

The wife has led the evidence. The husband did not contest the petition and the learned Trial Court came to a conclusion that the wife has proved that the husband has treated her with cruelty and also that he was living in adultery with the respondent No.2. 5.

Notice was issued in this petition but none appears to challenge the finding given by the trial Court.

6.

We have gone through the record of the case. We are of the opinion that the findings given by the Court below are based on the evidence on record. Therefore, we confirm the decree of divorce granted by the trial Court.

Sd/- Sd/- Sd/- (Deepak Gupta) (Goutam Bhaduri) (P. Sam Koshy) CHIEF JUSTICE JUDGE JUDGE Ashok