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VASANTI A.NAIK, SWAPNA JOSHI
Sudhir Kamlakar Kharbade – Appellant
Versus
Sau. Sangita – Respondent


Advocates Appeared:
For the Appellant :Mrs. B.P. Maldhure, Advocate.
For the Respondent:Shri A.Z. Jibhkate, Advocate.

JUDGMENT :

Vasanti A. Naik, J.

The family court appeal is ADMITTED and heard finally with the consent of the learned counsel for the parties.

2. By this family court appeal, the appellant husband has challenged the judgment of the Family Court, Amravati dated 23.05.2017 dismissing the petition filed by the appellant under Section 13(1)(ia) and (ib) of the Hindu Marriage Act on the ground of cruelty and desertion.

3. Few facts giving rise to the family court appeal are stated thus:-

The appellant husband (hereinafter referred to as 'the husband' for the sake of convenience) and the respondent wife (hereinafter referred to as 'the wife') were married at Amravati as per Hindu rites and custom on 09.05.1999. After the solemnization of the marriage, the wife started residing at Karla, District Amravati in the joint family. In the petition filed by the husband for a decree of divorce on the ground of cruelty and desertion, it is pleaded that the wife was never interested in residing in the joint family and she always demanded for a separate residence at Chandur Railway. It is pleaded in the petition that after the solemnization of the marriage, the wife was avoiding the husband and was not re













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