RAJESH HARIBA PATIL Vs. SOU. RANJANA RAJESH PATIL

JUDGEMENT

(1.) Heard learned Counsel for the appellant, original petitioner.

(2.) This appeal is preferred by the appellant against the judgment and decree dated 16th January 2014 passed by the learned Judge, Family Court, Kolhapur in Petition No.342 of 2014 preferred by the petitioner (appellant herein) for divorce under Section 13 of the Hindu Marriage Act. By the said judgment and order his petition came to be dismissed.

(3.) Heard learned Counsel for the appellant, original petitioner. We have perused the judgment and decree dated 16th January 2014 passed by the Family Court, Kolhapur and the pleadings and evidence led in this case. It is seen that the appellant has preferred the petition for divorce under Section 13(a) of the Hindu Marriage Act. There are various provisions under Section 13 of the Hindu Marriage Act for getting divorce. There are various clauses under which divorce can be sought and under which clause the petition is filed by the appellant is nowhere stated nor explained. The Family Court was of the opinion that, if the averments made in the petition are perused, it seems that the petitioner wants divorce on the ground of cruelty. Thereafter issues were framed namely (i) whether petitioner proves that respondent treated him with cruelty and (ii) what order .