HEMA RAJENDRA SHEVATE Vs. RAJENDRA BARIBHAU SHEVATE

JUDGEMENT

(1.) THIS is an appeal preferred by the appellant wife against the judgment and order of the Family court, Pane, granting decree of judicial separation to the respondent-husband.

(2.) THE Trial Court has granted a decree for judicial separation on the ground of desertion. In this appeal, the appellant has challenged the decree for judicial separation and the respondent has filed cross-objections claiming a decree for divorce.

(3.) THE brief admitted facts may be stated first: the appellant and the respondent married according to the Hindu Vedic rites at Pune on April 9, 1983. The couple is blessed with two sons Chetan and Shrikant. The appellant left the matrimonial home in October 1987 and since then she has been staving with her parents along with son Shrikant. The respondent issued a notice dated August 15, 1988 requesting the appellant to come back to the matrimonial home and to resume the matrimonial relationship. There was no response from the appellant. In 1990, the appellant filed an application under section 125 of the Criminal Procedure Code for maintenance. The learned Magistrate granted to appellant maintenance at the rate of Rs. 200/- and to son Shrikant at the rate of Rs. 125/- per month.