CHANDRASHEKHAR TRIMBAK PATWARDHAN Vs. VAIJAYANTI CHANDRASHEKHAR

JUDGEMENT

(1.) BY this appeal the appellant Chandrashekhar Patwardhan who is the original petitioner -husband in Marriage Petition No. A -582 of 1989 takes exception to the judgment and decree passed by the learned judge of the Family Court, Pane, dismissing his petition for a decree of divorce against his wife on the grounds of adultery and cruelty under Section 13(1)(i) and (i -a) respectively of the Hindu Marriage Act, 1955. This petition was originally filed in the Court of the Civil Judge, Senior Division, Pune,. but upon the establishment of a family court at Pune under the Family Court Act, was transferred to that Court and decided as such.

(2.) REFERENCE to the parties would be made in this judgment by their original status, the Husband being the petitioner, the wife being the Respondent No. 1 and the alleged adulterer being co -Respondent No. 2.

(3.) IN the Kirloskar Manila Udhyog at Khadki, Pune, where she was employed, the Respondent No. 1 had to work in one or the other of the two shifts. Whenever she was in the day shift, she used to return home by about 2.30 p. m.; when in, the second shift she used to return at 10.30 p. m. in the company's bus. At the spot where she used to get down from the bus, the petitioner -husband used to be present with his scooter. He used to take her home from the bus stop on the scooter. After some days the petitioner realised that Respondent No. 1 wife had started returning home quite late -about 4.30 p. m. instead of 2.30 p. m. On enquiry she represented to the husband that her parents being old and there being no - one else to attend to them., she used to go to them first on returning at 2.30 p. m. She used to make tea for them and then return to the marital home by about 4.30 P. m. She also explained that this did not however use to be the every day position. The petitioner was not however, satisfied Suspicion obviously took root in his mind leading to frictions. The result ',,as that he, stopped picking her up at the bus stand whenever she was in the second shift for work in her factory.