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2009 Supreme(Bom) 790

P.R.BORKAR
Vithal s/o. Hullaji Hivre – Appellant
Versus
Sumanbai w/o. Vithal Hivre – Respondent


Advocates appeared:
For the Appellant:R.P. Dhase h/f. Shri M.V. Deshpande, Advocates. For the Respondents:D.R. Bhadekar, Advocate.

Judgment :-

1. This is an appeal preferred by the husband – original petitioner whose petition for divorce bearing H.M.P. No. 19 of 1984 though decreed by the Civil Judge, Senior Division, Nanded, on 29.03.1986, said judgment and decree is reversed in Regular Civil Appeal No. 121 of 1986 by the II Additional District Judge, Nanded, on 16.04.1990. Present appellant sought divorce from his wife – respondent on the ground of desertion under Section 13 (1) (ib) of the Hindu Marriage Act, 1955.


2. The appellant approached the Court with a case that in 1976, he married the respondent. For one year they lived happily. Thereafter, respondent started picking up quarrels on the petty matters. The appellant and his family members tried to have happy matrimonial atmosphere, but the respondent did not change her attitude. She insisted on separate residence with the appellant from the other members of the family, to which the appellant did not agree. Therefore, in the month of September, 1980, the respondent left company of the appellant and went to reside at her parental house. The appellant made several attempts personally and through his relatives to bring her back, but the respondent refused



































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