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2021 Supreme(Kar) 950

S.G.PANDIT, M.G.S.KAMAL
Jayashree W/o Rajeev – Appellant
Versus
Rajeev S/o Rangrao Deshpande – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sri. Arunkumar Bakkappa Kinny, Advocate
For the Respondent:Sri. Ameet Kumar Deshpande, Advocate

JUDGMENT :

S.G. Pandit, J.

Both the above appeals are filed under Section 19(1) of the Family Courts Act, assailing the judgment dated 23.07.2012 in M.C.No.177/2010 by which, petition filed under Section 13(1)(i-a) of Hindu Marriage Act, 1955 (hereinafter referred to as “the Act” for short) is allowed, marriage of the appellant and respondent is dissolved; and judgment dated 23.07.2012 in M.C.No.141/2010 by which, the petition filed under Section 9 of the Act for restitution of conjugal rights is rejected.

2. Both the appeals are by wife challenging the grant of decree of divorce and rejection of her petition for restitution of conjugal rights.

3. The respondent-husband filed a petition under Section 13(1)(i-a) of the Act praying for dissolution of marriage with the appellant-wife. It is stated that the marriage of appellant and respondent had taken place on 24.04.2004 according to the Hindu rites and customs. They lived happily for some time and a girl child namely Kum.Pavani was born. The husband states that when the wife came back to the matrimonial home along with the child, she forced mother of the husband to live separately. It is alleged by the husband that the wife used to quar

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