SUBHASH DATTATRAYA KOSHE Vs. SUSHMA SUBHASH KOSHE

JUDGEMENT

(1.) THE appellant filed petition for getting divorce on the ground that the respondent is guilty of committing cruelty and wilful desertion i.e. Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955. The learned Judge of the Family Court, Pune, by his Judgment dated 20th July, 1995 dismissed the same holding that the appellant has failed to prove that the respondent was guilty of committing cruelty and wilful desertion for a period of two years immediately preceding the filing of the petition. This is challenged here.

(2.) THE learned Counsel for the appellant submitted that it was an error to hold that there was no cruelty committed. The marriage has been irretrievably broken down. It has reached the point of no return. There was no consummation of marriage and there is no chance of reunion. This is nothing but cruelty.

(3.) HENCE , the only point that arises for our consideration is whether there was cruelty and the appellant can claim divorce on that ground.