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2022 Supreme(Bom) 838

A.S.CHANDURKAR, URMILA JOSHI-PHALKE
Chanda W/o. Prakashsingh Rathod – Appellant
Versus
Prakashsingh @ Prakash S/o. Ramadharsingh Rathod – Respondent


Advocates Appeared:
For the Appellant : Ms. Shilpa Tapadia.
For the Respondent: Shri Ravikumar Tiwari with Shri C.A. Joshi.

JUDGMENT :

Urmila Joshi-Phalke, J.

1. The appellant has challenged the judgment and decree of divorce passed by the Family Court, Akola on 22.10.2021 in the present appeal.

2. Brief facts of this appeal are as under :

Appellant-Chanda W/o. Prakashsingh Rathod and respondent-Prakashsingh @ Prakash S/o. Ramadharsingh Rathod were husband and wife. Their marriage was solemnized on 6.5.2006 as per Hindu rites and religion. One son and one daughter are begotten from the said wedlock. When appellant was cohabiting with the respondent a matrimonial dispute arose between them, therefore appellant left the matrimonial house and started residing along with her mother at Nanded. As appellant has left the matrimonial house, respondent-husband had filed petition in the Family Court for divorce alleging that since the marriage the behaviour of the appellant-wife was not good and proper. She was treating him and his family members with cruelty by raising quarrels on trifle matters. She also threatened him of committing suicide and would involve the appellant and his family members in false criminal case. However, he had continued with the matrimonial relationship to save his marriage. In the meanwhile

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