"X" Vs. "Y"

JUDGEMENT

(1.) Considering the nature of the dispute, the names of the parties are not mentioned in the cause title.

(2.) By this appeal, the appellant- wife has taken an exception to the judgment and decree dated 11th Feb. 2008 passed by the learned Judge of the Family Court at Bombay. The marriage between the parties was solemnized on 9th June 1989 according to the Hindu Vedic rites. Admittedly, the parties are residing separately from the year 2004. The petition for divorce was filed by the respondent- husband on the grounds set out in clauses (i)(a) and (i)(b) of sub-section (1) of section 13 of the Hindu Marriage Act, 1955 ("the said Act" for short). Various other prayers were made for recovery of movable and immovable properties. The petition was contested by the appellant by filing a written statement. Apart from refuting various allegations made against her, in paragraph-11 of the written statement, the appellant has stated thus:

(3.) We have already quoted the allegations made by the appellant against the respondent in paragraph-11 of her written statement. In paragraph- 41 of the judgment, the learned Judge has recorded a finding that the appellant failed to substantiate the said allegations. These were very serious allegations as regards the character of the appellant made by the respondent. The learned Judge recorded a finding that even the said allegations are also not proved.