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1992 Supreme(Bom) 158

V.A.MOHTA, M.F.SALDANHA
Kishorilal Govindram Bihani – Appellant
Versus
Dwarkabai Kishorilal Bihani – Respondent


JUDGMENT - M.F. SALDANHA, J.:---This appeal involves a rather intricate angle of the law relating to desertion. The proceedings, now in the second round, involve a review of the case that was tried by the Family Court at Pune. Under the law, an appeal lies to the Division Bench of the High Court where the parties are represented by Counsel and are subject to being circumscribed to the pleadings and the record of the Trial Court. With recurring regularity, we are faced with a situation of both learned Counsel making a strong grievance that the case has either gone by default or that it has been seriously jeopardised because the parties were deprived of legal assistance before the Family Court. A remand at this stage would be inhuman to the parties and it is, therefore, essential that corrective steps be taken forthwith. First, the facts.

2. The appellant before us, the original petitioner before the Family Court at Pune in petition No. A-812 of 1989, has presented this appeal which is directed against the judgment and order of that Court dated 20-1-1990. The appellant-husband had originally filed a matrimonial petition on 13-2-1989 praying for restitution of conjugal rights. His grie
































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