RAJESH CHANDRAKANT MAJMUDAR Vs. REKHABEN RAJESHBHAI

JUDGEMENT

(1.) The present appeal arises out of the judgment & order passed by the Family Court dated 29.11.2005, whereby the petition for decree of divorce has been dismissed with the cost of Rs.25000/.

(2.) The short facts appear to be that the marriage of the appellant with the respondent had taken place on 10.05.1973. Thereafter, the respondent filed application under section 125 of Cr.P.C. for maintenance. Such maintenance was ordered by the learned Magistrate in the year 2003. Roughly after 30 years, the petition has been filed by the appellant before the Family Court for decree of divorce on the ground that the respondent wife deserted the appellant after 34 months of the marriage. The respondent appeared in the said proceeding and filed written statement. She contended that the appellant did not like her and therefore, she was thrown out of the house. Thereafter, her parents had made attempt for reconciliation, but it did not materialise. She stated that the appellant was having illicit relation with some other lady and he did not accept her as wife and he was not properly treating her and he used to tell her that he had married with the respondent only because of the force of the relatives. It was also stated that the appellant is having affair with other lady and the respondent was not given proper treatment. The respondent also stated that she was prepared to go to her matrimonial house and ready to enjoy the matrimonial rights. The learned Judge of the Family Court at the conclusion of the proceedings, dismissed the petition. Under these circumstances, the present appeal before this Court.

(3.) We have heard Mr. J.F. Mehta for the appellant. We have considered the evidence of the parties. We have considered the reasons recorded by the learned Judge in the impugned judgment.