SOU. SUDHA ARUN KANADE Vs. ARUN VISHNU KANADE

JUDGEMENT

(1.) The respondent-husband filed matrimonial petition under section 13 of the Hindu Marriage Act against the appellant-wife for divorce on the ground that the wife was suffering from mental disorder. By its decree dated 14th Dec., 1981, the trial Court granted the petitioner for divorce. Appeal against the said decree, being Appeal No. 112 of 1982, was dismissed by the learned Assistant Judge on 31st March, 1983. This second appeal seeks to challenge these concurrent decrees.

(2.) Hearing rival submissions of Mr. Gakhale, learned Counsel for the appellant-wife and Mr. Hushing, learned Counsel for the respondent-husband and going through the judgments of the two Courts below, this, in my view, is not a case for interference in a second appeal. The contentions and questions are basically those of fact or, at the highest, questions of mixed fact and law. There is no question of law much less any substantial question of law involved in this appeal. Even on facts, evidence has been well appreciated and the relevant pros and cons have been duly considered by the two Courts below. It is not possible nor is it open to this Court to interfere. This appeal is, therefore, liable to be dismissed. At this stage, learned Counsel for the respondent has no objection. Order accordingly is being passed.

(3.) It must be said to the credit of the parties and their respective Counsel that they have reached a settlement in the matter of permanent, alimony and maintenance Considering the terms thereof, I find the same, in all the facts and circumstances, to be fair, just and reasonable and in the interest of both the sides. The quantum agreed is also fair, reasonable and just. The said terms signed by the respective Counsel have been handed over to this Court and taken on record Order in terms thereof is also being passed below : ORDER :