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2014 Supreme(Bom) 2530

V.L.ACHLIYA, V.K.TAHILRAMANI
Hemali Bindesh Kelaiya – Appellant
Versus
Bindesh Jayantilal Kelaiya – Respondent


Advocates Appeared:
For the Appellant :Anita A. Agarwal, Advocate
For the Respondent:Samji Joseph, Mr. Suresh Babu, Advocates i/b Mr. R.B. Yadav and Associates, Advocate

JUDGMENT :

V.K. Tahilramani, J.

The appellant-wife has filed this appeal against the judgment and order dated 6.6.2013 passed by the Family Court No. 5, Mumbai in Petition No. A-182 of 2008. Petition A-182 of 2008 was filed by the appellant before the Family Court claiming decree of divorce on the ground of cruelty and on the ground that the respondent is suffering from mental disorder, Thus, the petition was filed u/s 13(1)(i-a) and Section 13(1)(iii) of the Hindu Marriage Act, 1955. In the said petition, she has also prayed for grant of accommodation and for return of her 'Stridhan' as per the list attached to the petition. The case of the appellant is that her marriage with the respondent took place on 26.1.2000 at Mumbai. After marriage, she started cohabiting with the respondent. During their co-habitation, she noticed that the respondent is suffering from mental sickness. He used to have recurrent attacks of mental disorder/illness due to which, he became violent and he gave abuses and assaulted her, thus, causing her mental and physical cruelty. According to the appellant, the respondent gave her abuses and assaulted her on 26.1.2000 at the time of their honeymoon, in February






























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