GANGADHAR NANHODASJI HEDAU Vs. SAU. KUNDA

JUDGEMENT

(1.) BY this first appeal, the appellant -husband challenges the judgment of the Family Court, dated 04.11.2008, dismissing a petition filed by the appellant under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955.

(2.) FEW facts giving rise to the appeal are stated thus -

(3.) ON the aforesaid pleadings of the parties, the Family Court framed the issues. The husband examined himself and the wife also examined herself. None of the parties examined any other witnesses in support of their case. On an appreciation of the evidence tendered by the husband and the wife, the Family Court dismissed the Hindu Marriage Petition. While dismissing the petition, the Family Court held that the husband had failed to prove that the wife had treated him with cruelty and that she had deserted him. The Family Court also held that the Family Court could not have passed a decree of divorce in view of the provisions of Section 23 of the Hindu Marriage Act as the husband cannot be permitted to take advantage of his own wrong. The judgment of the Family Court is challenged in this first appeal.