CHANDA Vs. PRAKASHSINGH

JUDGEMENT

(1.) The appellant has challenged the judgment and decree of divorce passed by the Family Court, Akola on 22/10/2021 in the present appeal.

(2.) Brief facts of this appeal are as under :

(3.) The respondent-husband had filed divorce petition bearing No.A-113/2018 in the Family Court, Akola on 5/7/2018. The respondent-wife appeared and filed written statement on 11/1/2019. She denied all the allegations levelled against her by respondent- husband. She contended that she was treated with cruelty by the husband and his relatives and she constrained to leave the matrimonial house and took a shelter at her parents house. The respondent-husband had not made any provision for her maintenance as well as maintenance of the children, therefore she filed the proceedings under Sec. 125(1) for grant of maintenance as well as under Sec. 498-A. The proceedings under Sec. 125(1) was disposed by granting the maintenance to the children, whereas proceedings under Sec. 498-A is still pending at Nanded. Along with said written statement she filed an application for maintenance under Sec. 24 of the Hindu Marriage Act. The respondent-husband filed reply to the application filed by her for maintenance. After framing the issues respondent-husband adduced his evidence by filing affidavit of examination-in-chief on 10/2/2021. As appellant-wife was absent on 10/2/2021, 14/8/2021 and 1/9/2021, the petition proceeded without the cross-examination and the Presiding Officer of the Family Court disposed of said petition by granting decree of divorce.