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B. P. COLABAWALLA, M. M. SATHAYE
Rajeev Ruia – Appellant
Versus
Mahesh Vennalakanti – Respondent
JUDGMENT
B.P. Colabawalla, J.—The above Family Court Appeal impugns the Judgment and Decree dated 11th March 2013 passed by the Family Court at Bandra. By the impugned Judgment, the Family Court has:—
(a) dismissed the Petition for judicial separation [under Section 10 of the Hindu Marriage Act, 1955] filed by Mrs. Rajeshri V. Mahesh [for short the “Original Appellant”] against the Respondent;
(b) decreed the Respondent’s counterclaim for divorce under Sections 13(1)(i-a) [on the ground of cruelty] and 13(1)(i-b) [on the ground of desertion] of the Hindu Marriage Act, 1955; and
(c) held that the Respondent is the sole and absolute owner of Flat No. 404, Marina Apartments CHS, Juhu Tara Road, Mumbai -400049 [for short the “Juhu Flat”].
2. Originally, the Petition seeking judicial separation was filed by Mrs. Rajeshri V. Mahesh [the Original Appellant] who was the wife of the Respondent. She was previously married and has a son from her previous marriage [the present Appellant]. The above Family Court Appeal was also originally filed by Mrs. Rajeshri V. Mahesh as she was aggrieved by the impugned Judgment and Decree passed by the Family Court on 11th March 2013. During the pend
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