SUJATA UDAY PATIL Vs. UDAY MADHUKAR PATIL

JUDGEMENT

(1.) Leave granted.

(2.) These appeals, by the special leave, have been preferred against the judgment and decree dated 9.3.2004 of Bombay High Court (Aurangabad Bench) by which the second appeals preferred by the appellant herein were dismissed and the decree of divorce passed by the learned District Judge, Jalgaon, on 12.11.2002 was affirmed.

(3.) The marriage of the appellant and the respondent was performed on 1.3.1994 and a son Charul @ Chaitanya was born out of the wedlock on 6.2.1995. In the year 1999 the respondent (husband) filed a petition for a decree of divorce against the appellant (wife) under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955 on the ground that the appellant had treated him with cruelty and had also deserted him for a continuous period of not less than two years immediately preceding the presentation of the petition. The petition was contested by the appellant on various grounds. The Joint Civil Judge (Senior Division) passed a decree for judicial separation on 10.12.2001. The appellant and respondent both preferred appeals against the said decree and the learned District Judge, Jalgaon, by the judgment and decree dated 12.11.2002, dismissed the appeal filed by the appellant and allowed the appeal filed by the respondent and dissolved the marriage of the parties by a decree of divorce. He further directed that the respondent shall pay permanent alimony @ Rs.700/- per month to the appellant and @ Rs.500/- per month to the son Charul @ Chaitanya. The second appeals preferred by the appellant against the decree passed by the learned District Judge were dismissed by the High Court on 9.3.2004.