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2008 Supreme(Bom) 733

R.P.SONDURBALDOTA, RANJANA DESAI
Sanjay Pahariya – Appellant
Versus
Smruti Pahariya – Respondent


Advocates 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 Kalpatrai i/b Parimal K. Shroff & Co. for the respondent.

JUDGMENT :

Smt. Ranjana Desai, J.

1. Rule. Respondents waive service. By consent of the parties, taken up for hearing forthwith.

2. The appellant is original petitioner 2husband and the respondent is original petitioner 1wife in M.J. Petition No.F619 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 at 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.601, 2nd floor, Dinath Court, Sir Pochkhanwala Road, Worli, Mumbai. Irreconcilable differences arose between the two on account of temperamental differences. Incompatibili




































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