PANDURANG SONBA MUTHE Vs. BHAMABAI PANDURANG MUTHE

JUDGEMENT

(1.) This first appeal is preferred against the decision of the learned Assistant Judge, Ahmednagar, given in Hindu Marriage Petition No. 2 of 1979. The husband who is the appellant before me was the petitioner and had sued for restitution of conjugal rights or in the alternative for divorce. After considering the evidence the trial Court has found that the husband has behaved with cruelty and that by reason of his conduct the wife was compelled to leave the matrimonial home and take shelter in her father's house. The husband's witnesses have been rejected by the trial Court as interested and unreliable. On the question of injury to her, the wife had examined herself as also one Dr. Joshi who had treated her immediately after the alleged incident.

(2.) Even as regards the time when he went to the wife's place to effect reconciliation and/or to bring her back, the husband has given discrepant evidence. In my opinion, the trial Court was right in rejecting the petition and there is no warrant for any interference with the decision particularly when the trial Court had, in addition to scrutiny of the testimony, the opportunity of observing the demeanour of the witnessess personally.

(3.) In the result, the appeal is summarily dismissed.