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2015 Supreme(Bom) 612

A.S.OKA, A.K.MENON
Sheetal Santosh Chavan – Appellant
Versus
Santosh Atmaram Chavan – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Sushil Inamdar, Advocate.
For the Respondent:V.S. Kapse, Advocate.

Judgment :-

A.K. Menon, J.

1. The present appeal arises out of the judgment and decree dated 18.4.2007 passed by the Family Court No.5, Mumbai in Petition No.A-157 of 2004 granting a decree of divorce under section 13(1)(ia) of Hindu Marriage Act, 1955. The facts in brief revealed that both the Appellant and Respondent were Hindu, domiciled in Mumbai and were married on 27.12.2002, according to Hindu Vedic rites and customs. The marriage has not been registered but there is no dispute as to the factum of marriage. There are no issues out of the said marriage.

2. The first ground of cruelty alleged is that after marriage, the Appellant did not consumate the marriage inter alia for the reason that she did not want to conceive. According to the Respondent, he was the only son and was staying with his parents. He expected the Appellant to behave with love and affection towards him and with his parents specially since his parents treated the Appellant like their own daughter. However, she never appreciated this.

3. The next ground of cruelty which is set out in the petition is that after the















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