M. S. JAWALKAR
Manish S/o Nandlal Adatiya – Appellant
Versus
Sau. Chitra W/o Manish Adatiy – Respondent
Based on the provided legal document, the key points are as follows:
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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