Oral Judgment:

1. The appellant before this Court is wife and she challenges judgment dated 12.2008 delivered by the District Judge -I, Pandharkawada, affirming the judgment dated 10.2008 passed by the Civil Judge, Senior Division, Pandharkawada (Kelapur). The Civil Judge, has in H.M.P. No.24/2008 presented under section 13[B] of Hindu Marriage Petition, dissolved marriage between the parties because of consent and the custody of two sons with father Pramod was continued as wife agreed not to seek the custody. It is also recorded that wife waived her right of maintenance. This order was

challenged by wife in Regular Civil Appeal No. 68/2008 inter-alia contending that her signature on said petition and accompanying affidavits were obtained under false pretext and she was compelled to place her signature upon it. She contended that both the parties were residing together and there was no separation for a period of one year which is a mandatory requirement. The Lower Appellate Court has considered this ground and in paragraph no.7 found that petition was presented on 4.2008, parties were directed to remain present on 10.2008 and from pleadings it appeared that both parties