SAINATH DATTATRAYA JADHAV Vs. SHRADHA SAINATH JADHAV

JUDGEMENT

(1.) AFTER conclusion of the arguments on 2nd August, 2002, we had ordered that we are dismissing the above appeal for the reasons to be recorded later. Accordingly, we proceed to give reasons for dismissing the appeal.

(2.) IT is unfortunate that in a house where a Saibaba Temple is set up and hundreds of outside devotees visit it every day seeking peace and harmony, there is no peace inside the house itself and the occupant of that house who is the Appellant herein has been hunting for peace in his matrimonial life since 1995 by initiating proceedings under the Hindu Marriage Act, 1955 ('Act' for short). Having failed to secure a decree of divorce from the Family Court the Appellant/husband has filed the present appeal under Section 28 of the Act, seeking a decree of divorce.

(3.) THUS , it was contended that during the period of 11 months stay at the matrimonial home i.e. between 11th February, 1987 till January, 1988 the wife treated the husband cruelly and, therefore, the husband was entitled to a decree of divorce on the ground of cruelty.