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2009 Supreme(Bom) 1637

S.A.BOBDE, S.J.KATHAWALLA
X – Appellant
Versus
Y – Respondent


Advocates appeared:
For the Appellant:M. P. Vashi with Ms. Prachi Khandke i/b M. P. Vashi & Associates, Advocates. For the Respondent:Vivek Kantawala, Advocate.

Judgment :

ORAL JUDGMENT (Per S. A. Bobde, J.)

1. This as an appeal filed by the wife against the Judgment of the Vth Family Court, Mumbai, decided on 28th September 2007, decreeing the petition for divorce filed by the Respondent (Petition No. A – 1804 of 2003), under sections 13 (1) (ia) and 13 (1) (ib) of the Hindu Marriage Act, 1955, on the grounds of cruelty and desertion. The brief facts are that the parties got married on 1st May 1987. It appears that soon thereafter on 25th January 1989, the appellant wife left the company of the respondent husband, but later she filed a petition for restitution of conjugal rights (Petition No. 789/89), which was decreed on 11th April 1990. She resumed cohabitation with the respondent after he paid her a sum of Rs. 24,500/-. The parties apparently lived together for the period between 1st July 1993 and 15th January 1994. On 7th April 1994, she left the company of the respondent again. She returned the next day and lodged a criminal complaint against him for harassment, which she ultimately withdrew on being paid Rs. 10,000/-by the respondent. According to the respondent, on 1st August 1996, he was transferred to Valsad, but she refused to ac












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