M Vs. R

JUDGEMENT

(1.) Considering that this Judgment would be available in public domain, we have described the appellant and the respondent as 'M' and 'R' respectively.

(2.) The appellant wife, takes exception to the Judgment and Decree dated 1st March, 2005 passed by the learned Judge of the Family Court, Bandra, Mumbai, in M.J. Petition No.A-1915/1996, by which the marriage solemnized between the parties i.e. the appellant wife and respondent husband came to be dissolved by a Decree of Divorce. The respondent husband had filed a Petition in the Family Court, Bandra, Mumbai on 18th October, 1996, praying therein for a decree of divorce on the ground of cruelty and desertion i.e. under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the said Act'). The appellant wife had also filed M.J. Petition No. C-130 of 1995, on 15th September, 1995 praying therein for maintenance under Section 18 of the Hindu Adoption and Maintenance Act, which came to be dismissed, by the same impugned Judgment and Decree dated 1st March, 2005. However, as the Appellant-wife has not challenged the dismissal of her M.J. Petition No.C-130/1995, we are in this present Appeal concerned with the challenge to the Judgment and Decree dated 1st March, 2005, only to the extent, that it grants decree of divorce to the Respondent - husband under Sections 13(1) (ia) and (ib) of the said Act.

(3.) Before adverting to the submissions advanced by the learned Counsel for the parties, it would be necessary to place on record certain facts as would be necessary for determination of the issues before us :