JUDGMENT - (1) This petition for a decree for divorce or judicial separation under the provisions of the Hindu Marriage Act of 1955 was filed by the petitioner Gangadhar Rakhamaji Jadhav in the Court of the Civil Judge, Senior Division, at Ahmednagar. The petitioner alleged that he married the opponent in the year 1943 but that the opponent after having lived with him for four years had deliberately deserted him since 1948 and was living in adultery. The petition was opposed by the opponent. She denied desertion on her part and denied that she was living in adultery as alleged by the petitioner. she contended that she was living peacefully with the petitioner till 1953, but that some time about 11-11-1954 it was the husband who beat her and drove out of the house. The petition was dismissed by the learned Civil Judge, senior Division, Ahmednagar, on 31-12-1957, holding that the allegations on which the petition was founded were not proved. The petitioner has, therefore, filed the present appeal from this decision and decree passed by the lower Court, under Section 28 of the Hindu Marriage Act.

(2) The first question to be considered is whether the appeal to this Court is competent.

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