JUDGMENT - J.A. PATIL, J.:---The appellant herein is the original petitioner who had filed a petition of divorce against the respondent-wife on the ground of cruelty. The said petition being Petition No. A-599/93 was, however, dismissed by the Family Court, Mumbai. Hence this appeal.

2.In short it is the case of the appellant that he was married to the respondent on 22-4-1992 at Mumbai as per the Hindu Vedic rites and that after the marriage both of them lived together in their matrimonial home till 5-8-1992. According to the appellant during the said period the respondent treated him with cruelty and finally left the matrimonial house on 5-8-1992.

3.The respondent denied the allegation of cruelty made against her and alleged contrary that the appellant and his mother had adopted a hostile attitude towards her and that both of them subjected her to harassment. The learned Judge of the Family Court upon consideration of the evidence came to the conclusion that the appellant had failed to prove the alleged cruelty. It was pointed out that there was variance between the pleadings and proof and as such the testimony of the appellant on the issue of cruelty could not be accepted.

4.We have

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