Nalini Nagnath Uphalkar VS Nagnath Mahadev Uphalkar

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

SHARMILA U. DESHMUKH
Nalini Nagnath Uphalkar – Appellant
Versus
Nagnath Mahadev Uphalkar – Respondent

Advocates Appeared:
Mr. Vikas B. Shivarkar, for the Appellant; Mr. Onkar Kulkarni i/by Mr. Yadunath Chaudhari, for the Respondent.

JUDGMENT

Sharmila U Deshmukh, J. - Rule, returnable forthwith. By consent of parties, Appeal is taken up for final hearing.

2. Heard the Learned Counsels appearing for the parties.

3. By this Appeal, the Appellant-wife takes an exception to the judgment and decree dated 22 November 2005, passed by the Family Court (Court No.3), Pune in Petition no. A-65 of 2004, whereby the counter claim of the Respondent-husband was allowed and the marriage between the Appellant wife and Respondent husband was dissolved by a decree of divorce under Section 13 of Hindu Marriage Act. During the pendency of the Appeal, the Respondent husband expired and his legal heir was brought on record. For the sake of convenience, the parties are referred to by their status as before the Family Court.

4. Few facts are necessary to appreciate the controversy in issue.

On 25 October 2015, after the death of his first wife, the Respondent and Petitioner got married. In the year 2004, Petition No. A-65 of 2004 was filed by the Petitioner-wife, under section 9 of the Hindu Marriage Act, 1955 for Restitution of Conjugal Rights, to which the Respondent-husband filed his reply and also filed a counter claim seeking decree of