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2002 Supreme(Bom) 1165

V.C.DAGA, J.P.DEVADHAR
Shilpa Shashikant Bugde – Appellant
Versus
Shashikant Vishnupant Bugde – Respondent


JUDGMENT -DAGA V.C., J.:---Heard rival contentions. Perused record and proceedings.

2.This appeal is directed against the judgment and decree passed by the Family Court, Pune in Petition A No. 656 of 1999 dated 28-10-2001, dissolving marriage under section 13 of the Hindu Marriage Act, 1955. The appellant herein (husband) had filed the petition for divorce against the respondent (wife) on the allegation that she practised cruelty and deserted him and that the marriage has irretrievably broken down for a period of 21 years.

3.On being noticed, the respondent appeared and filed her written statement alleging therein that the appellant (husband) has developed illicit relationship with one Mrs. Arole and also prayed for decree of divorce on the ground of adultery by setting up counter claim.

4.The Family Court after examining pleadings of the parties framed issues relevant to the pleadings and put the petition for trial. The husband entered into the witness box, whereas the respondent-wife prayed for adjournment. Her request for adjournment was rejected by the Family Court with the result she could not lead any evidence. The Family Court after hearing the parties was pleased to grant decr






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