JUDGMENT - C.S. DHARMADHIKARI, J.:---This first appeal has been placed before the Division Bench in view of the reference made by Agarwal, J., vide order dated 18th April, 1983.

2. When the matter was placed for hearing before the Single Judge of this Court, learned Counsel appearing for the respondent-husband raised a preliminary objection to the maintainability of the appeal itself. In support of his contention he placed reliance upon the decision of Mohata, J., in (Bhaskar v. Mirabai)1, 1983 Mh.L.J. 115. Since the learned Single Judge (Agarwal, J.) found it difficult subscribe to the view expressed by Mohata, J., in the said judgment, the matter was referred to Division Bench.

3. The respondent-husband filed a petition under section 13 of the Hindu Marriage Act for a decree of divorce against the appellant-wife. It was contended by the respondent-husband that she had left the matrimonial home and went to reside with per parents without any rhyme or reason and thus has deserted him. The appellant wife resisted the petition. According to her she was always ready and willing to go and stay in the matrimonial home, but it was the husband who had refused to allow her to do so.

4. From t

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