LEELA MAHADEO JOSHI PROF Vs. MAHADEO SITARAM JOSHI

JUDGEMENT

(1.) THIS First Appeal has come up before us for admission. However, on the application of the learned Advocates for the Appellant as well as the Respondent that the matter be admitted and finally disposed of at this stage, we have complied with their request. The Appellant in this First Appeal impugns the judgment and Order passed by the learned Judge, Family Court, Bombay, dated 18 -7 -1990, whereunder a joint petition of the Appellant and the Respondent for a divorce by mutual consent u/ Section 13B of the Hindu Marriage Act, 1955 was dismissed.

(2.) THE brief facts are that the Appellant and the Respondent were married according to Hindu Vedic Rites on 5 -12 -1956. On 28 -7 -1960, the Appellant gave birth to a son named Satish. The parties lived together happily till December 1986. However, in December 1986, the Respondent suffered certain financial losses in his business as a result of which disputes and dissensions arose between the Appellant and the Respondent, and they decided to live separately. It is the evidence of the Respondent that he and his wife have been living separately for about five years prior to the filing of the petition.

(3.) DURING the course of the hearing of the petition, the parties filed certain consent terms with regard to the payment to the wife in lieu of relinquishment of the residence by her. The consent terms also provided for the marriage expenses of the son Satish.