SANJAY CHHAGANLAL BHUTADA Vs. RAJNI

JUDGEMENT

(1.) Taking exception to dismissal of his Hindu Marriage Petition bearing No. 34/98 by the learned Civil Judge, senior Division, Khamgaon and confirmation of its dismissal in Regular Civil Appeal No. 66/ 2001 by the learned Additional District Judge, khamgaon, the petitioner husband has preferred this Second Appeal. In view of the directions by the Hon'ble the Acting Chief justice on 30/11/2005 on application moved by the appellant, the matter has been listed for out of turn hearing.

(2.) The appellant was married to respondent Rajni on 21-5-1991. After marriage there was discord in the family, and, according to the appellant, the respondent left his company in the year 1992. Therefore, he filed hindu Marriage Petition bearing No. 26/1994 for decree of divorce on the twin grounds of cruelty and desertion. This petition was dismissed and R. C. A. No. 87/96 came to be filed by the appellant. This appeal too was dismissed by the learned Additional District Judge, khamgaon. The appellant approached this court by preferring second appeal No. 126/98 which was dismissed by judgment dated 28-4-1998. The appellant had preferred Special leave Petition before the Supreme Court which too according to the learned counsel for the parties was dismissed on 27-7-1999.

(3.) Before the dismissal of Second appeal by this Court, on 30-3-1998, the appellant filed another marriage petition bearing No. 34/98 before the Civil Judge, Senior division, Khamgaon for divorce on the sole ground of desertion. He contended that the earlier petition was dismissed because the requisite period of desertion of two years was not over. Since at the time of presentation of marriage petition No. 34/98 on 30-3-1998 desertion was for more than two years, the appellant prayed that their marriage may be dissolved.