SHUBHADA SHARADCHANDRA DIVEKAR Vs. SHARADCHANDRA RAGHUNATH DIVEKAR

JUDGEMENT

(1.) THIS appeal by the wife challenges the judgment and order dated 5th of August 1993 made by a Judge of the Family Court, Pune, whereby her Matrimonial Petition A.No.513 of 1991 is dismissed. We will hereinafter refer to parties by their proper names. Wife Shubhada had sued her husband Sharadchandra for a decree of divorce invoking Section 13 (1) (ia) of the Hindu Marriage Act, 1955, viz. cruelty.

(2.) THE petition was contested by Sharadchandra. Upon denying various allegations made viz. mental and physical cruelty, it was set out by him that on 10th of March 1990 while he was away from home Shubhada deserted the matrimonial house along with children and went to her parents' place at Pune itself. He contacted Shubhada but he was told by her that she does not desire any more to live with him thereby indicating to him that the desertion was complete.

(3.) ON behalf of both the spouses evidence was led. In support of her case, Shubhada in addition to her own evidence, adduced the evidence of Suresh alias Dattatraya Waman Kelkar, close relative of Shubhada and Swati Patwardhan, her younger sister. No specific reference need be made to the evidence tendered on behalf of Sharadchandra at this stage and suffice for the present to mention that the evidence adduced by Shubhada in support of her case that she suffered cruelty both mental and physical at the hands of Sharadchandra did not find favour with the trial Judge and that is how Shubhada lands in this Court in the present appeal assailing the same on several grounds.