ROHINI RAJU KHAMKAR Vs. RAJU RANBA KHAMKAR

JUDGEMENT

(1.) Heard the learned counsel for the Appellant and the Respondent who appears in person.

(2.) The Appellant wife has filed this appeal challenging the order passed by the Family Court, Bandra, dtd. 13/11/2005, rejecting the Civil Misc. Application No. 85/2008 filed by the Appellant for setting aside the ex parte decree of divorce dtd. 17/12/2007 in Petition No. A-2329/2006.

(3.) The parties got married on 26/5/1986 at Ahmednagar. There are three children from the wedlock. After that, the parties resided in Mumbai. According to the Respondent-Husband, the Appellant's behaviour changed after some period, and quarrels arose between the parties. The Respondent husband filed Petition No. A-2329/2006 on the ground of mental cruelty. It is stated by the Respondent that the Appellant had illicit affair with one person who was joined as a respondent in the petition. Respondent-Husband alleged that the Appellant was abusing and humiliating him; ultimately, in 2003, she left the matrimonial home. It was alleged that the Appellant never took care of the children and used to steal money from the Respondent and give it to her paramour, the co-respondent. Summons was served on the Appellant and which was returned with the endorsement "refused"? on 18/6/2007. The learned Family Court Judge noted that a case was made out for divorce and, accordingly, on 17/12/2007, the decree of divorce was granted.