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2006 Supreme(SC) 1294

A.K.MATHUR, G.P.MATHUR
SUJATA UDAY PATIL – Appellant
Versus
UDAY MADHUKAR PATIL – Respondent


Advocates:
CHANDAN RAMAMURTHI, RAVINDRA KESHAVRAO, Sanjay V.Kharde

G. P. MATHUR, J.

( 1 ) LEAVE granted.

( 2 ) THESE appeals, by- the special leave, have been preferred against the judgment and decree dated 9th March, 2004, of Bombay High Court (Aurangabad Bench) by which the second appeals preferred by the Appellant herein were dismissed and the decree of divorce passed by the learned district Judge, Jalgaon, on 12th November, 2002, was affirmed.

( 3 ) THE marriage of the Appellant and the Respondent was performed on 1st March, 1994, and a son Charul @ Chaitanya was born out of the wedlock on 6th February, 1995. In the year 1999 the Respondent (husband) filed a petition for a decree of divorce against the Appellant (wife) under section 13 (l) (i-a) and (i-b) of the Hindu Marriage Act, 1955 on the ground that the Appellant had treated him with cruelty and had also deserted him for a continuous period of not less than two years immediately preceding the presentation of the petition. The petition was contested by the Appellant on various grounds. The Joint Civil Judge (Senior Division) passed a decree for judicial separation on 10th December, 2001. The Appellant and respondent both preferred appeals against the said decree and the learned district J














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