CHANDRAKANT MAHADEO PURANIK Vs. CHAITRALI CHANDRAKANT PURANIK

JUDGEMENT

(1.) This is husband's appeal against decree of divorce passed by the trial Court in Marriage Petition No. 270 of 1982,

(2.) Divorce decree has been passed on two grounds viz. (i) mental and physical cruelty and (ii) desertion. At the hearing of this appeal it was abundantly clear that parties do not intend to come and reside together. Indeed, that is one point on which either side is quite certain viz., total unwillingness to come together and revive the matrimonial tie between them.

(3.) Mr. Mujumdar, learned Counsel for the appellant-husband contended that there were unjustified allegations against his client on the question of mental and physical cruelty. This contention was contested by the respondent's learned Counsel Mr. Gurusahani. Ultimately, however, with the intervention of this Court and the assistance of the respective Counsel, parties have by mutual consent agreed that allegations and counter allegations against one another on the question of mental and physical cruelty and mental agony should be withdrawn and consequently decree of divorce passed inter alia on the ground of mental and physical cruelty should be modified into a decree of divorce only on the ground on which the same has also been passed viz., desertion. Order accordingly is, therefore, being made below by consent of the parties.