Advocates:
['SHRI H S SHREEPAD MURTHY', 'SHRI JAYANT H POL', '', 'SHRI O A SIDDIQUI', 'V P FILED IN C A NO &', 'CONSENT NOT OBTAINED']

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MSS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE

APPELLATE SIDE

APPELLATE SIDE

FAMILY COURT APPEAL NO. 79 OF 2003

SARFRAZALI NAWABALI MIRZA )

residing at Flat No. 702 )

Andheri "Garden View" Co-op. )

Housing Society, X-13, Shastri )

Nagar, Off. J. P. Road, )

Andheri (West) MUMBAI 400 053. ) .. APPELLANT

(Org. Respondent)

VERSUS

Mrs. FARIDA alias SANAM SARFRAZ)

MIRZA, residing at Flat No. 45,)

7th floor, "Sagar Darshan" Bldg.

Bhulabhai Desai Road, )

MUMBAI 400 026 ) .. RESPONDENT

(Org. Petitioner)

Mr. H. S. Shreepad Murthy for the appellant

Mr. Vijay Nayar i/b O.A. Siddiqui for respondent

CORAM:SMT.RANJANA DESAI &

SMT. R.P. SONDURBALDOTA, JJ.

DATE ON WHICH THE JUDGMENT IS

RESERVED : 17TH JUNE, 2008

DATE ON WHICH THE JUDGMENT IS

PRONOUNCED: 26TH JUNE, 2008

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JUDGMENT:-(Smt. Ranjana Desai, J.)

. The appellant is the husband and the respondent

is the wife (for convenience they shall be referred

to as "the husband and the wife respectively). The

appellant is the original petitioner and the

respondent is the original respondent. The husband

has challenged in this appeal judgment and order

dated 30/6/2003 passed by the Family Court, Mumbai,

in Petition No. A-1015 of 2000, filed by the wife

for divorce on the ground of cruelty. By the

impugned order the petition was allowed and the

marriage between the husband and the wife stood

dissolved by a decree of divorce.

2. It is necessary to begin with the gist of the

facts. The husband and the wife are Muslims. They

got married on 20/5/1998 at Mumbai as per Muslim

Rites. It is the case of the wife that the husband

came in contact with her due to an advertisement

given in the Times of India in the month of

October/November 1986 by her family for matrimonial

alliance for her. After their marriage they

started residing in Flat No. 702 Garden Building,

Andheri Garden View Co-operative Housing Society,

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X-13, Shastri Nagar, Opposite Four Bungalows, J.

P. Road, Andheri (w) Mumbai ("the said flat" for

convenience).

3. The case of the wife is that the husband

committed cruelty on her while they were staying in

the said flat as well as during her stay with him

in Tanzania. We shall at the appropriate place

advert to the instances of cruelty narrated by the

wife. According to the wife due to the inhuman

treatment meted out to her she returned to her

parents house in the year 1996 and since then they

are living separately. It is the case of the wife

that the husband falsely contended that he has

contributed towards the purchase of the said flat.

His claim that he is the owner of the said flat is

false. In the circumstances the wife filed a

petition for dissolution of her marriage on the

ground of cruelty und