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2024 Supreme(Online)(Bom) 7245
HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE Y. G. KHOBRAGADE
DEEPIKA W/O NITIN KHEDKAR – Appellant
Versus
NITIN S/O ARUN KHEDKAR – Respondent
SA/250/2023
2024:BHC-AUG:8748 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 250 OF 2023 WITH CIVIL APPLICATION NO. 5854 OF 2023 Deepika w/o Nitin Khedkar Age 36 years,Occu: Household, R/o Flat No. 506, Abhilasha Coop. Hsg. Socy.
Lipane Vasti, Jambhulwadi, Katraj Road, Pune. ... APPELLANT V/s.
Nitin s/o Arun Khedkar, Age 40 years, Occu: Service, R/o Sadar Bazar, Ambajogai Tq. Ambajogai Dist. Beed Working at Cognizant Technology Services Ltd., Rajiv Gandhi Infotech Park, Phase-I, Hinjewadi, Pune Employee Code 304037, At Present R/o Sai Nagar, Near Pawanraj Hotel, Chanai, Ambajogai, Dist. Beed. ... RESPONDENT ……
Shri B. S. Phad, Advocate for the Appellant Shri Prashant K. Nikam, Advocate for the Respondent …….
CORAM : Y. G. KHOBRAGADE, J.
RESERVED ON : 01.04.2024 PRONOUNCED ON : 25.04.2024 ORDER / JUDGMENT:
1. Being dissatisfied with Judgment and Decree dated 20.02.2023 passed by the learned District Judge, Ambejogai, District Beed in Regular Civil Appeal No. 09/2022 arising out of Judgment and Decree dated 09.12.2021 passed by the learned Civil Judge, S. D., Ambajogai, in H. M. P. No. 80/2017, the Appellant has invoked the jurisdiction of this Court under Section 100 of the Code of Civil Procedure, 1908.
2. Present Appellant is original Respondent-wife and the Respondent is original Petitioner-husband in H. M. P. No. 80 of 2017. For the sake of brevity, parties to the present appeal, hereinafter shall be referred as per their original description as the Petitioner-Husband and Respondent-Wife.
3. The Petitioner-husband filed H. M. P. No. 80 of 2017 and prayed for decree of divorce against the Respondent/Wife under Section 13 (1) (i-a)
and 13 (1-A) (ii) of the Hindu Marriage Act.
4. According to Petitioner, on 21.12.2004, his marriage was solemnized with Respondent at Parbhani. After marriage the Respondent cohabited with him at Ambejogai in joint family. Out of said wedlock, they begotten a girl child namely Aditi on 10.05.2008. After residing at Ambejogai for some period, both of them shifted to Hadapsar, Pune and resided there till 14.11.2012. The relations between them were good till 14.11.2012. However, later on the Respondent quarreled with him on ground that she do not wish to cohabit with him. Therefore, he brought her back at Ambejogai, where she stayed for one month. Thereafter, Respondent along with their daughter left his house and visited at her parental house and since then she deserted him. Thereafter, the Respondent filed various proceedings including false criminal complaints against him and his family members and caused physical and mental cruelty against him. The detail of proceedings are as under:
1.
Criminal M. A. No.82 of 2014 before J. M. F. C., Parbhani under the provisions of Protection of Women from Domestic Violence Act, 2005, (D. V. Act) which came to be dismissed on 28.04.2017
2. H. M. P No. 132 of 2013 before the learned Civil Judge S. D., Parbhani for restitution of conjugal rights, which came to be allowed on 29.08.2014, but the respondent wife failed to cohabit with the petitioner husband.
3. Missing Complaint dated 11.05.2016 and publishing of notice in the newspaper on 16.06.2016 about missing of the petitioner husband.
4.
Criminal M. A. No. 22 of 2016 before the Ld. J. M. F .C., Pune u/s 97 of Cr. P .C. falsely alleging that parents of petitioner had confined him. Said application was rejected on 15.07.2016.
5.
R. C. C. No. 2645/2016 on the basis of FIR lodged by respondent wife against Nilesh Arun Khedkar, brother of the petitioner, u/s 354 IPC. Petitioner's brother was prosecuted for said offence and after fledged trial acquitted on 04.05.2019.
6.
Report lodged against Shri Pramod Shahane, who is the husband of petitioner’s for indecent violence, but police did not take any action.
7.
Civil Suit bearing R.C.S No.1046 of 2016 in which Shri Nilesh, brother of the petitioner, wa
