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2008 Supreme(Bom) 732

RANJANA DESAI, R.P.SONDURBALDOTA
ABC – Appellant
Versus
ABC – Respondent


Advocates:
Advocate Appeared
Mr. C. U. SINGH, Senior Counsel with Ms. KRANTI SATHE, Ms. SOMA SINGH with Ms. AMRITA SATHE. i/b. Sanjay Udeshi & Co., for the Appellant.
Mr. R. A. DADA, Senior Counsel with Mr. DARIUS KHAMBATA, Senior Counsel. Mr. CHETAN KAPADIA, Mr. PARIMAL K. SHROFF and Ms. RADHIKA KALPA TRAI, i/b. Parimal K. Shroff & Co. for the Respondent.

JUDGMENT

Smt. RANJANA DESAI, J.:- Rule. Respondents waive service. By consent of the parties. taken up for hearing forthwith.

2. The appellant is original petitioner 2-husband and the respondent is original petitioner I-wife in M.J. Petition No.F-619 of 2007. For convenience, we shall refer to the appellant as "the husband" and the respondent as "the wife". They filed the aforesaid petition for divorce by mutual consent under section 13B of the Hindu Marriage Act. 1955 (for short. "the said Act") in the Family Court at Bandra, Mumbai.

3. The case of the husband and the wife, as stated in the petition, is that they are Hindus and are governed by the provisions of the said Act. They got married on 5/3/1993 al Mumbai as per Hindu Vedic rites. The said marriage was registered with the Registrar of Marriages. The couple has two sons viz. Veer and Shikhar born on 1/2/1995 and 3/4/1997 respectively. After marriage. they resided together in Flat No.60I. 2nd floor. Dinath Court. Sir Pochkhanwala Road, Worti, Mumbai. Irreconcilable differences arose between the two on account of temperamental differences. Incompatibility with each other made it difficult for them to co-exist. They stopped coh








































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