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2021 Supreme(Bom) 698

A.S.CHANDURKAR, PUSHPA V.GANEDIWALA
Lourdmary – Appellant
Versus
Arick – Respondent


Advocates appeared:
Shri. N.S. Deshpande, Advocate, for the Appellant / Shri Masood Shareef, Advocate, for the Respondent.

JUDGMENT

A.S. Chandurkar, J. - Since both these appeals filed under Section 19 of the Family Courts Act, 1984 take exception to the common judgment of the Family Court dated 02/05/2017 thereby allowing the petition for divorce filed by the respondent herein and dismissing the petition for restitution of conjugal rights filed by the appellant herein they are being decided together by this common judgment.

2. The facts in brief that are relevant for adjudication of these appeals are that on 24/10/2007 the respondent-husband married the appellant-wife. Out of that wedlock a daughter was born on 28/03/2009. It is the case of the husband that in the initial period after marriage they resided together along with the mother of the husband and his two younger brothers. The wife however was not interested in living with the entire family and she used to frequently visit her parents' house. On 22/07/2008 the wife filed a false complaint with the police Authorities. At the intervention of the Mahila Cell they started residing together. After the birth of the child on 28/03/2009 the wife again returned to her parents' house and despite efforts taken by the husband she was not willing to return.

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