JUDGMENT - N.J. PANDYA, J.:---Respondent of the Marriage Petition No. A-212 of 1995 of the Family Court No. 1 at Pune has filed the present appeal as the trial Court by its judgment dated 31st May, 1997 has granted the decree of divorce on the ground of cruelty and desertion under section 13(1), 1-A and 1-B of the Hindu Marriage Act, 1955.

2. Facts of the case are hardly in dispute so far as various events are concerned. The marriage has taken place on 28th April, 1965 and at that time they were residing at Mahim within the city of Mumbai. Thereafter on 28th June, 1965 a flat being Flat No. 9-B, Rose Blossom was purchased. Fourteen years thereafter a shop being Shop No. 10 was also purchased. In the year 1983 the appellant has filed a complaint with the police as per Exh. 95.

3. According to the respondent husband, in that very year on filing of the complaint he left the matrimonial home and has been residing separately since then. So far as the residence is concerned, he has claimed that he is staying in the said shop which was purchased in year 1979.

4. The petition being Petition No. 212 of 1995 is filed in the year 1995. As rightly pointed out by the other side, in their written s

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