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Rajdeep vs Gurmeet Singh

Delhi HC

01/09/2016

MAT.APP.(F.C.) 4/2013

About/from the judgment:

We conclude by bringing the curtains down holding that neither cruelty nor desertion have been proved. Gurmeet’s drunkenness and refusing to take anti-depression medicines is the foundation of the problem. Rajdeep’s desire to live with her husband has been established through her testimony and admissions made by Gurmeet, provided Gurmeet takes anti-depression medicines which would inhibit his violent behaviour leads us to hold that though as a matter of fact Rajdeep left the matrimonial house but it was without any animus to withdraw from the consortium and the fact of desertion being the result of the conduct of Gurmeet would be in law be a case of constructive desertion and thus the appeal is allowed. Impugned judgment and decree dated April 10, 2013 is set aside.

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