KASHINATH NAMDEO PATIL Vs. MEENAXI KASHINATH PATIL

JUDGEMENT

(1.) THE appellant-husband has questioned the correctness and legality of the judgment and decree passed by the trial Court refusings to grant him a decree of divorce on the ground of desertion and cruelty.

(2.) THE marriage between the parties took place on 17th February 1975. As per the case made out the respondent wife left the matrimonial house and went to reside with her parents on or about 15th July 1975. The petitioner-appellant therefore presented a petition under Section 13 of the hindu Marriage Act, on 27th July 1981 claiming relief of divorce on the grounds of desertion and cruelty. The trial Court framed the necessary issues i. e. nos. 2 and 3 and reached to a conclusion that the petitioner failed to prove both the grounds and therefore dismissed the petition by the order impugned before me.

(3.) HEARD Shri Govilkar at length. Accornidg to him the wife voluntarily, without the consent or permission, withdrew from the company of the petitioner husband. It was mental design and with determination she withdrew and as such it amounts to desertion and the petitioner is entitle to a relief of decree of divorce on that ground.