RAMESH LAXMAN SONAWANE Vs. MEENAXI RAMESH SONAWANE

JUDGEMENT

(1.) The appellant filed petition under Section 13(1)(ia) and 13(1)(ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as HMA) for divorce against the respondent in the District Court at Pune being Hindu Marriage Petition No.207 of 1998. The appellant shall hereinafter referred to as the husband. The respondent shall hereinafter referred to as the wife. The said petition was assigned to learned 6 th Joint Civil Judge, Senior Division, Pune. Learned 6 th Joint Civil Judge, Senior Division, Pune (hereinafter referred to as learned Trial Judge) conducted the trial and by Judgment and Decree dated 28 th August, 2002 dismissed the said petition with costs. Being aggrieved by aforesaid Judgment and Decree dated 28 th August, 2002, passed in Hindu Marriage Petition No.207 of 1998, the husband has filed this Family Court Appeal.

(2.) The marriage between the husband and the wife was solemnized on 12 th February, 1987 as per Bauddha rites and rituals. Out of the aforesaid wedlock, the wife gave birth to a male child on 8 th April, 1988 which was named as Paresh. Another male child was born on 9 th January, 1990. The said son was named as Ritesh. The husband has filed this petition for divorce alleging therein that the wife had treated the husband with cruelty. The grounds on which the petition for divorce is filed are as follows :

(3.) The divorce petition was served upon the wife. The wife filed written statement and she has denied each and every allegation which was levelled against her. So far as the allegation levelled against the wife stated in paragraph 2 of the petition regarding alleged affair with woman, the wife had not specifically denied the said allegation. The wife in paragraph 10 of her written statement had levelled allegation against the husband and stated that the husband is having relations with one lady by name Yamuna Genu Adalkar. The relevant portion of the said paragraph 10 is as follows :