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1986 Supreme(Bom) 332

SHARAD MANOHAR
Jaishree Mohan Otavnekar – Appellant
Versus
Mohan Govind Otavnekar – Respondent


JUDGMENT - MANOHAR SHARAD, J.:- This appeal arises out of the wife's petition under the Hindu Marriage Act for divorce on the ground of cruelty, physical as well as mental.

The husband does not seem to be interested in contesting this Appeal. He has made it a point to remain absent consistently in spite of repeated notices from this Court.

2. The petition for divorce was filed by the appellant/wife (hereinafter, the petitioner) for divorce on the ground of cruelty allegedly practised by here husband the respondent) against her. In her petition, she has given various instances of physical cruelty as well as mental cruelty. In defence to the petition, the respondent filed his Written Statement and in Para 2 of the Written Statement he made a thoroughly un-warranted allegation of adultery on the part of the petitioner with one Shankar Balaji Dubekar. This is what he has stated in said Para 2:-

“Without prejudice to what is stated above the respondent states that the petitioner herself is guilty of adultery with Shanker Balaji Dubekar (4) as the petitioner was absconding with the said Shankar Balaji Dubekar in the 1st week of August 1980 when on 5th August, 1980 the petitioner was arrest



























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