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Smt Shikha Nayak vs Captain Dr Khirendra Nath Mishra: Using the right to divorce to fight against abuse

Date : 16/07/2010

In response to abuse, such as repeated physical assault, the plaintiff’s marriage to the defendant was dissolved and a decree of divorce granted in favour of the petitioner.
This case was a Matrimonial Suit under Section 13 (1)(ia) of Hindu Marriage Act 1955, as relating to divorce.

The plaintiff petitioner filed for divorce from the defendant, citing: harassment from her husband to sell her gold ornaments worth Rs.2.5 lakhs; humiliating abuse in the presence of family members and in public; repeated physical assault; and lack of parental care for their children.

Despite ample opportunity the evidence was unchallenged by the defendant. An attempted reconciliation of the parties failed due to non-cooperation on the part of the defendant.

The marriage between the plaintiff and defendant was dissolved and a decree of divorce granted in favour of the petitioner.

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