fca.150.2011\.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE SIDE

FAMILY COURT APPEAL NO.150 OF 2011

Swati Ninad Jadhav

... Appellant

Vs.

Ninad Marutrao Jadhav

.... Respondent

Mr.Mandar Soman for the Appellant

Mr.A.A. Basutkar for the Respondent

CORAM: A.M. KHANWILKAR &

A.R. JOSHI, JJ.

DATED: JUNE 21, 2012

P.C.:

1.

Heard Counsel for the parties. This Appeal is directed

against common judgement passed by the Family Court No.5,

Pune dated 30^th August, 2011. The respondent husband had filed

petition bearing Petition No.A-803/2005 for decree of divorce on

the ground of cruelty and desertion u/s 13 of the Hindu Marriage

Act, 1955. The Family Court, however, has rejected that petition.

The respondent husband has not challenged that decision and has

acquiesced of the same. He is personally present in Court and has

instructed his advocate that he is not interested in pursuing his

relief of divorce on the ground of cruelty and desertion. The

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controversy that needs to be decided in the present appeal filed by