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2022 Supreme(Bom) 251

M.S.JAWALKAR
Ajay s/o Bhikulal Gujar – Appellant
Versus
Shyamali w/o Ajay Gujar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shri N.R. Bhishikar

JUDGMENT :

1. Hearing was conducted through video conferencing and the learned Counsel agreed that the audio and visual quality is proper.

2. Vide order dated 29/11/2021, the matter was fixed for final disposal, in spite of service, the respondent chooses to remain absent.

3. Admit. Appeal is taken up for final disposal in view of order dated 20/01/2022.

4. Learned counsel for the appellant submits that, present appeal is filed being aggrieved by the impugned judgment and decree passed by the First Appellate Court setting aside the judgment and decree passed by the learned Trial Court by which, divorce by mutual consent was granted. It is submitted that on 01/02/1998, the appellant and respondent got married as per the Hindu rites and rituals. As, there were disputes arose between them, the parties approach, the learned Civil Judge, Senior Division, Yavatmal with their matrimonial dispute. Wife/Respondent filed suit for restitution of conjugal right whereas appellant/husband filed suit for decree of divorce. As wife’s suit has decreed and suit of husband for divorce is dismissed, husband filed two separate appeals before First Appellate Court.

5. On 23/11/2013, the parties were referred

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