T.V.NALAWADE, A.M.DHAVALE
Karuna @ Vishakha – Appellant
Versus
Abhayraj – Respondent
T.V. Nalawade, J.
1. The appeal is admitted. Notice after admission made returnable forthwith. Heard both the sides by consent for final disposal.
2. The appeal is filed by the wife against the judgment and decree of Hindu Marriage Petition No. A- 220/2010 which was pending in Family Court Aurangabad. The petition was filed by respondent husband under the provisions of section 13(1)(1a) of the Hindu Marriage Act, 1955 (Hereinafter referred to as “the Act”) for dissolution of marriage. The petition was allowed by the trial Court and the marriage is dissolved. Initially by judgment and decree dated 26-9-2011 the petition of the husband was dismissed by the trial Court. The husband challenged the said decision in this Court by filing Family Court Appeal No.29/2011. By decision dated 22-8-2016 this Court had remanded the matter back to the trial Court for fresh trial and hearing on limited point. The matter was to be decided by the trial Court only on the ground or cause of action which had arisen, had become available to the husband after dismissal of Hindu Marriage petition No.210/2006, the previous petition filed by the husband for divorce.
3. Family Court Appeal No.29/2011 w
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