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2014 Supreme(Online)(Bom) 14

BOMBAY HIGH COURT - BENCH AT AURANGABAD
R.M. BORDE, V.K. JADHAV, JJ
Arun s/o Narayanrao Marathe – Appellant
Versus
Varsha w/o Arun Marathe – Respondent


Advocates:
For the Appellants/Petitioners: Mr. V.I. Thole
For the Respondents: Mr. Hemant Surve

Table of Content
1. introduction of appeal regarding divorce petition. (Para 1 , 2)
2. background facts surrounding the marriage and prior court decrees. (Para 3 , 4 , 5)
3. arguments presented by both parties regarding the petition for divorce. (Para 8 , 9 , 10)
4. court's analysis and legal reasoning in the context of the hindu marriage act. (Para 11 , 12 , 15)
5. final decision and directions regarding the appeal. (Para 16 , 17)

1. This is an appeal filed by the petitioner-husband challenging the judgment and decree passed by the learned Judge of Family Court, Aurangabad in petition No. 38 of 2001, dismissing the petition of petitioner-husband filed under Section 13 (1-A) (ii) of Hindu Marriage Act, 1955 (hereinafter for the sake of brevity referred to as the “said Act”), praying therein for dissolution of marriage by decree of divorce. (For the sake of convenience, hereinafter the parties shall be referred by their status before the Family Court i.e. “petitioner” and “respondent”).

2. Brief facts, giving raise to the present appeal, are as follows:-

a) The marriage between the petitioner-husband and respondent- wife was solemnized on 7.6.1983 according to Hindu rites and rituals. They

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