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2017 Supreme(Bom) 2646

VASANTI A.NAIK, SWAPNA JOSHI
Raymond Lancy Rodrigues – Appellant
Versus
Yogita – Respondent


Advocates Appeared:
For the Appellant : Shri Amit Khare.
For the Respondent: Shri N.M. Kolhe.

JUDGMENT :

Vasanti A. Naik, J.

1. By this family court appeal, the appellant-husband challenges the judgment of the learned District Judge 7, Nagpur, dated 07.09.2013 dismissing a petition filed by the appellant under Section 10(1)(ix) and (x) of the Divorce Act, 1869.

2. The appellant husband and the respondent wife were married at Sadar, Nagpur as per the Christian custom on 01.10.2003. The appellant was originally from Shirthadi, Mangalore, in the State of Karnataka and the respondent was a resident of Nagpur. The parties resided together for some time at Nagpur after the marriage. A son named Marshall was born from the wedlock. At the relevant time, the appellant was serving with the government in Nagpur and after his retirement on 31.08.2008, the appellant started residing at Shirthadi. According to the appellant, the respondent's behaviour was objectionable since the inception of the marriage. It is pleaded by the appellant in the petition filed by him for a decree of divorce on the ground of cruelty and desertion that the respondent did not show any love and affection towards him. It is pleaded that the respondent was in the habit of developing illicit relationship with strange

















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