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2021 Supreme(Bom) 810

A.S.CHANDURKAR, PUSHPA V.GANEDIWALA
Dolly @ Amisha – Appellant
Versus
Arvind – Respondent


Advocates appeared:
Shri D.R. Upadhyay, Advocate, for the Appellant / Shri M.S. Gupta, Advocate, for the Respondent

JUDGMENT

Pushpa V. Ganediwala, J. - This is the wife's appeal under Section 19 of the Family Courts Act, 1984 against the judgment and decree dated 19/06/2018 in petition No. A-914/2013 passed by the Judge, Family Court No. 4, Nagpur by which a decree of divorce in favour of the respondent/husband on the ground of the desertion under Section 13(1)(i-b) of the Hindu Marriage Act, 1955 (for short "Act of 1955"), is granted.

2. The necessary facts leading to the filing of the present appeal are as under :

i) The marriage between the parties was solemnized on 22/05/2002 at Nagpur. Out of this wedlock, they have one daughter by name Shreya, born on 15/06/2005, presently in the custody of the appellant/wife.

ii) The respondent/husband filed a petition for divorce on the ground of cruelty and desertion under Section 13(1)(i-a)(i-b) of the Act of 1955. The learned Judge, Family Court, Nagpur granted decree of divorce on the ground of desertion only. This judgment is impugned by the appellant/ wife in the present appeal. As the decree of divorce on the ground of desertion is challenged, we restrict the facts of the case to this ground alone.

iii) It is the case of the respondent/husband that sin

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