CHETANKUMAR AMRATLAL NAIK Vs. GEETABEN KANTILAL NAIK

JUDGEMENT

(1.) These two First Appeals were heard together as those have been preferred against the selfsame judgment and decree passed by the learned trial Judge thereby granting a decree for judicial separation on an application for divorce filed by the husband on the ground of desertion and cruelty. The learned Family Court has held that the allegation of cruelty has not been proved but the husband has proved desertion and on that ground, instead of passing a decree for divorce, the one for judicial separation has been passed.

(2.) Being dissatisfied, the husband has preferred First Appeal No. 2713 of 2008 thereby praying for converting the decree for judicial separation into one for divorce while the wife has filed a separate appeal, being First Appeal No. 2109 of 2009, thereby praying for dismissal of the suit.

(3.) The case made out by the husband in the application for divorce may be summed up thus:-