2025:BHC-AS:45528-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FAMILY COURT APPEAL NO. 26 OF 2022 WITH INTERIM APPLICATION NO. 2455 OF 2022 IN FAMILY COURT APPEAL NO. 26 OF 2022 Anupriya Santosh Unnithan, } Age – 35 years, Occu. - Household, } R/o. - C/o. V. Janardhan Kurup, } C-13, H. A. Housing Society, } S.No. 19, Yamunanagar, Nigadi, }

Pune – 411 044. } … Appellant (Original Respondent)

V/s.

Santosh Ramchandra Unnithan, } Age – 37 years, Occu. - Business, } R/o. Plot No. 36, A/20, ‘E’ Ward, } Tarabai Park, Near Eagle Cement Pipe, }

Kolhapur. } … Respondent (Original Petitioner)

Mr. Amol B. Jagtap for the Appellant.

Mr. Manish P. Gitay a/w Ms. Sangita Suryawanshi for the Respondent.

CORAM : REVATI MOHITE DERE &

SANDESH D. PATIL, JJ.

DATE : 23 ^RD SEPTEMBER, 2025.

JUDGMENT :- (Per Sandesh D. Patil, J.)

1. Rule. Rule is made returnable forthwith with the consent of the parties.

2. The present appeal is filed by the Appellant-wife being aggrieved and dissatisfied with the Judgment and order dated 18.02.2021 passed by the Learned Judge, Family Court No. 4, Pune, bearing Petition No. A-1442 of 2018. The original proceedings are filed for divorce by the Respondent-husband under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

3. The parties got married on 12.04.2015 at Kerala, as per Hindu customs and rites. The Respondent-husband filed a marriage petition i.e. Petition No. A-1442 of 2018 in the Family Court, Pune seeking dissolution of marriage on the ground of cruelty.

4. The Appellant submitted her written statement (Exh.14)

denying all the allegations.

5. The matter was initially filed in Kolhapur but, it was later transferred to the Family Court, Pune. After the matter was transferred to the Family Court, Pune, the Respondent-Husband examined himself, as P.W.1. However, PW-1 was not cross- examined, as the Appellant failed to contest the matter. As the Appellant-wife and her advocate did not remain present nor did the appellant lead evidence.

6. Thus, the evidence was closed by the Ld. Judge, Family Court, Pune vide order dated 20.02.2020. Thereafter, the Family Court vide Judgment and order dated 20.02.2020 dissolved the marriage, which was solemnized on 12.04.2015 on the ground, that the Appellant-wife had inflicted cruelty upon the Respondent-

husband.

7. Learned Counsel for the Appellant submits that the Appellant was not informed of the date before the trial Court and hence was unable to appear and as such unable to cross-examine the respondent or lead evidence. Learned Counsel further submits that due to lockdown, the appellant’s lawyer did not inform her, resulting in her unable to remain present. He thus states that the appellant was deprived of an opportunity to cross-examine the Respondent as well as examine herself/witnesses. Learned Counsel submits that the appellant in fact, wanted to lead evidence and contest the case on merits. He submits that the reasons given by the learned Judge, that the marriage deserves to be dismissed on the ground of cruelty, is perverse. He contended that the judgment, order and decree passed by the learned Family Court be quashed and set aside.

8. The Counsel for the Respondent-husband supported the judgment and order passed by the learned Judge, Family Court. He submitted that inspite of being given ample opportunities to the Appellant-wife, she failed to appear. He submitted that the advocate appearing for the Appellant-wife did not appear and that the Appellant did not lead any evidence. He submits that in these circumstances, the judgment and order passed by the learned Judge, Family Court, was legal, warranting no interference.

9. Heard the parties. Perused the documents on record.

10. The marriage between the parties is dissolved by the learned Judge, Family Court, Pune on the ground of cruelty. It has came on record that a petition was initially filed at Kolhapur and thereafter the same was transferred to Pune. It has further came on record that the Appellant-wife ha