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2012 Supreme(Guj) 614

BHASKAR BHATTACHARYA, J.B.PARDIWALA
SUBHASH – Appellant
Versus
MADHU – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SV Raju.
For the Respondent: Ketty A Mehta.

JUDGMENT :

J.B. PARDIWALA, J.

1. This Appeal u/s 28 of the Hindu Marriage Act is at the instance of a husband in a proceeding for divorce u/s 13(1)(a) of the Hindu Marriage Act, 1956 (for short, 'the Act') and is directed against the judgment and decree dated 4th May, 1990 passed by the learned City Civil Judge, Ahmadabad in Hindu Marriage Petition No. 293 of 1983, thereby dismissing the application filed by the husband for divorce on the ground of cruelty by the wife. The case made out by the husband (hereinafter referred to as, 'the appellant') in the petition for divorce may be enumerated below, rather in detail in order to appreciate the allegations of cruelty in proper perspective.

2. The parties were married according to the Hindu rites and rituals on January 21, 1979 at Udaipur and in the said wedlock a son named Chaitanya was born on January 24, 1980.

3. As the appellant had a transferable job, the appellant and the respondent co-habited together as husband and wife at Delhi, Jaipur and at Ahmadabad. At the time of filing of the divorce application, the parties were residing together as husband and wife at Ahmadabad. After separation, the appellant started residing at Mumbai wh


















































































































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