AVINASH EKNATH NIKALJE Vs. SOULEELA AVINASH NIKALJE

JUDGEMENT

(1.) THIS appeal is by the original petitioner/husband against the judgment and decree dated 6/03/2000 passed by the learned Family Court, Pune in P. A. No. 262 of 1993 refusing to grant decree of divorce sought by the appellant/husband on the ground of cruelty as contemplated by clause (d) of sub-section (1) of Section 27 of the Special Marriage Act, 1954 ("act" for short ).

(2.) WHEN this matter was initially called out we enquired with the parties to the appeal as to whether it was possible to reconcile their differences and start living together. However, we were informed that number of attempts were made by different benches from time to time but they could not bring about any settlement between the parties, with the result, we were left with no other alternative but to proceed with the hearing and decide the same in accordance with law. Factual Score

(3.) THE factual score depicts that the parties to the petition got married on 31/10/1979 under Special Marriage Act, 1954. The appellant is a Hindu whereas respondent is Christian by religion. Parties to the appeal have two sons from this wedlock. Elder son Vishal was born to them in the year 1981, and younger one Vipul was born in the year 1984. Both spouses are financially independent. Both of them are in service.