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2022 Supreme(Bom) 1707

M. S. JAWALKAR
Manish S/o Nandlal Adatiya – Appellant
Versus
Sau. Chitra W/o Manish Adatiy – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Shri P.R. Agrawal, Advocate

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  • The case involves a dispute over the dissolution of marriage under the Hindu Marriage Act, with allegations of cruelty by the wife [judgment_subject].
  • The husband filed a petition for divorce, alleging cruelty, which was initially granted by the trial court but later set aside by the appellate court due to the pendency of criminal proceedings under Section 498A of the Indian Penal Code and the wife's behavior (!) (!) .
  • The court found that the wife had filed a false criminal complaint and had been residing separately from the husband for over ten years, which constituted cruelty and led to the irretrievable breakdown of the marriage [judgment_subject] (!) (!) .
  • The wife admitted in cross-examination that her stay at the matrimonial home was only for a brief period after marriage and that she resided mostly at her parental house for several years without attempting to resume cohabitation or issuing notices for restitution of conjugal rights (!) (!) .
  • The court noted that there was no evidence of demand for dowry or cruelty during her brief stay, and the criminal proceedings under Section 498A were ultimately disposed of with an acquittal (!) (!) .
  • The court concluded that the marriage was irretrievably broken due to the separation and the conduct of the wife, and therefore, the second appeal was allowed, confirming the dissolution of marriage [judgment_subject] (!) .
  • The appellate court's judgment and decree were set aside, and the trial court's decree for dissolution was confirmed, effectively ending the marriage (!) (!) .

These points summarize the legal reasoning and outcome of the case, emphasizing that conduct such as filing false criminal complaints and prolonged separation can constitute cruelty and grounds for divorce under applicable family law provisions.


JUDGMENT :

1. The present Second Appeal is filed by the original Petitioner – Husband challenging the judgment and decree passed by the 2nd Ad-hoc Additional District Judge, Akola in Regular Civil Appeal No. 276/2003 dated 01/09/2005. The Husband filed Petition vide H.M.P. No. 88/2001 dated 26/09/2003 for dissolution of marriage by decree of divorce. The learned Civil Judge Senior Division, Akola decreed the said Petition and dissolved the marriage between the Petitioner and the Respondent therein. While deciding the Petition, it was held by the learned Civil Judge Senior Division that the Petitioner therein proved that the Respondent, during her stay at matrimonial house, treated the Petitioner with great cruelty, mental torture and agony. The Respondent – Wife filed Appeal bearing Regular Civil Appeal No. 276/2003 which came to be allowed and the decree of dissolution of marriage came to be set aside by the Appellate Court. Learned Appellate Court answered the point that the Appellant therein i.e. Chitra actually was treated with cruelty by her husband and in-laws and they made false allegations against her. Another ground for setting aside the judgment and decree of the Lower Cou

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