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2005 Supreme(Bom) 158

D.B.BHOSALE, S.B.MHASE
Ajay Sayajirao Desai – Appellant
Versus
Rajashree Ajay Desai – Respondent


Judgment

D. B. BHOSALE, J.

( 1 ) THIS appeal under section 28 of Hindu Marriage Act, 1955 (for short "the Act") is directed against the judgment and order dated 18th July, 2000 rendered by the Family Court, Pune in Petition no. A-801 of 1998 filed by the appellant- husband seeking dissolution of marriage on the grounds available under section 13 (1) (i- a) (i-b) of the Act as also for custody of a minor child - Jaydeep. The family court dismissed the petition with costs.

( 2 ) BACKGROUND facts sans unnecessary details are as follows ; the appellant (for short the 'husband') and the respondent (for short the 'wife') tied the nuptial knot on 27-5-1994. They were blessed with one child, who was born on 26- 10-1995. The child is now nine years old. The marriage was what is commonly known as 'arranged marriage'. After the marriage the wife started residing with the husband, his parents and sister at Pune. At the relevant time the husband's mother was working with m. S. E. B. The case set up by the husband was that right from beginning the wife's behaviour was strange and rude. She went to Nagpur, her mother's place, for delivery in July, 1995 and thereafter never returned to her matrimo



















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