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2012 Supreme(Bom) 1552

V.M.KANADE, P.D.KODE
Nitin Ramesh Dhiwar Adult – Appellant
Versus
Sou. Roopali Nitin Dhiwar Adult – Respondent


Advocates appeared:
For the Appellant:Mrs. Madhavi Tavanandi, Advocate.
For the Respondent: None.

Judgment :

[V.M. Kanade, J.]

1. Heard the learned counsel appearing on behalf of the Appellant. None appears on behalf of the Respondent, though she was served.

2. The Appellant is aggrieved by the judgment and order passed by the District Judge-4, Pune on 7.9.2006, who was pleased to dismiss the petition for divorce filed by the Appellant herein.

3. Brief facts are as under:

The Appellant is the husband and the Respondent is the wife (hereinafter the Appellant shall be referred to as “husband” and Respondent shall be referred to as “wife”). They got married on 12.11.2001. However, soon thereafter, there were disputes and differences between the husband and wife. A complaint was registered by the Pimpri Police Station for the offences punishable under sections 498A, 323, 504, r/w. 34 of the Indian Penal Code. I The husband filed a petition for divorce in the District Court, Pune on the ground of cruelty, inter alia, it was urged in the trial court that a false complaint was filed by the wife against the husband and his family members for the offence punishable under section 498A, 323, 504, r/w. 34 of the Indian Penal Code.

4. It is submitted submitted that the Trial Court after peru





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