SHIVAJI CHANGDEO KHATAL S/O CHANGDEO GANAPATH KHATAL Vs. SMT. SUREKHA UTTRESHWAR SALGAR FORMERLY KNOWN AS SUREKHA SHVIAJI KHATAL

JUDGEMENT

(1.) THIS appeal is filed by the husband challenging the order of the Family Court dismissing the petition for divorce on the ground of desertion under Section 29(2) of the Hindu Marriage Act.

(2.) THE case of the petitioner/appellant is that his marriage was solemnised in accordance with the customs of the Hindu Dhangar community of Maharashtra on 1.5.1993 at Bitale village, Solapur District, Maharashtra. They resided together at Bangalore until January; 2006 i.e. for nearly 13 years. In the year 2004, after 10 years of marriage, two children were born. The respondent having developed acquaintance with a male family friend withdrew from the society of the petitioner on 14.1.2006. The petitioner having traced her whereabouts, tried to retreat her but she foiled all his efforts and refused to go with him. When the respondent left the matrimonial home in the absence of the petitioner, has dishonestly removed jewelry and cash worth Rs. 1,80,000/ -. When the matter was arbitrated by the elders of the community as per custom, the petitioner was advised to give divorce by issuing divorce notice dated 13.3.2006. It was duly served on the respondent. As per the custom, he has divorced the respondent. The respondent has deserted him since 14.1.2006. Though respondent was duly served, she was not represented before the Court. Therefore, she was placed ex -parte. In support of his case, petitioner examined himself as P.W1 and got marked 9 documents Ex. P1 to Ex. P9. The Family Court on appreciation of the aforesaid facts, held that the desertion for a continuous period of two years immediately preceding the presentation of the petition is not proved, and immediately after the so -called desertion, the petition is filed and therefore, it was of the view that there is no merit in the petition. Accordingly, it dismissed the petition. Aggrieved by the said order, the petitioner/appellant is before this Court.

(3.) WE do not see any merit in the said contention. Section 29(2) of the Hindu Marriage Act, 1955, reads as under: 29(2): Nothing contained in this Act shall be deemed to affect any right recognised by custom or conferred by any special enactment to obtain the dissolution of a Hindu marriage, whether solemnized before or after the commencement of this Act.