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2021 Supreme(Bom) 684

A. S. CHANDURKAR, PUSHPA V. GANEDIWALA
Thalraj @ Anand – Appellant
Versus
Sau. Jyoti W/o Thalraj @ Anand Khinchi – Respondent


Advocates appeared:
P.K.Mishra, Advocate, A.B.Bambal, Advocate

JUDGMENT

A.S.CHANDURKAR, J. - This appeal filed under Section 19 of the Family Courts Act, 1984 by the husband takes exception to the decree for divorce passed by the Family Court, Nagpur in Petition No. A-459/2012 on 25.09.2014.

2. The facts in brief are that the appellant and the respondent were married on 27.04.2008. Out of the said wedlock a child was born on 03.03.2009. Thereafter the appellant and his family members started ill-treating the respondent. During Diwali-2010, the family members of the appellant quarreled with the respondent and after taking away all the gold articles she was driven away from the matrimonial house. On 06.12.2010 she filed proceedings under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. These proceedings however were withdrawn on 25.04.2012. Thereafter on 14.05.2012 the wife filed Petition No.A- 459/2012 seeking a divorce on the grounds of cruelty and desertion. In the said proceedings it was alleged that the appellant and his family members were ill-treating the respondent physically as well as mentally. The respondent used to be abused time and again by the appellant and his family members as a result of which there

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