SHRI SHANTARAM RAGU GAONKAR Vs. JAYANTI SHANTARAM GAONKAR

JUDGEMENT

(1.) HEARD Shri N. Sardessai, learned counsel appearing for the appellant and Shri Arun Bras De Sa, learned counsel appearing for the respondent. The above Second Appeal challenges the Judgments passed by the Courts below whereby the suit filed by the appellant for divorce on the ground of abandonment of the conjugal domicile for a period of more than three years stands dismissed.

(2.) THE brief facts of the case are that the marriage between the appellant and the respondent was solemnized on 07.09.1994 and registered in the Civil Registration Office of Sanguem under No. 246/1994. The suit for divorce came to be filed by the appellant on 22.09.2003 bearing Matrimonial Petition No. 14/2003 before the learned Civil Judge, Senior Division, Quepem, on the ground of complete abandonment of conjugal domicile under Article 4(5) of the Law of Divorce. The respondent filed the written statement opposing the prayer for divorce and claiming inter -alia that the appellant started harassing the respondent and drove her away from the marital house. The learned Judge after recording of evidence and appreciating evidence on record by judgment and decree dated 28.07.2005 came to the conclusion that the atmosphere in the conjugal domicile was not conducive so as to make the respondent to stay comfortably and such circumstances compelled the respondent to leave the conjugal domicile and live with her parents.

(3.) SHRI N. Sardessai, learned Counsel appearing for the appellant has assailed the impugned judgment on the ground that the learned Judge has wrongly appreciated the evidence on record and has come to the perverse finding to the effect that the appellant has failed to establish that there was total abandonment of the conjugal domicile. The learned Counsel has pointed out that there was sufficient material on record to come to such a conclusion that the Courts below have erroneously dismissed the suit filed by the appellant for divorce.