YOGESH BABURAO PATIL Vs. RUPALI YOGESH PATIL

JUDGEMENT

(1.) By this second appeal, the appellant has impugned the order and judgment dated 20th January, 2012 passed by the learned District Judge dismissing the Regular Civil Appeal No. 148 of 2007 filed by the appellant (original plaintiff) against the judgment and decree dated 28th March, 2007 passed by the learned Civil Judge, Senior Division in Hindu Marriage Petition No.149 of 2003. Some of the relevant facts for the purpose of deciding this appeal are as under :-

(2.) The appellant and the respondent were married on 9th December, 2001 at Nashik as per rites and rituals prevailing in Hindu religion. It is the case of the appellant that sometime in the month of February 2002, the respondent went to her parents house for her examination. On 15th April, 2002 the appellant brought the respondent back to her matrimonial home. Out of the said wedlock a male child is born on 31st October, 2003.

(3.) It was the case of the appellant that the respondent used to quarrel with the appellant and committed various acts amounting to cruelty on her part against the appellant. On 4th August, 2003 the appellant filed Hindu Marriage Petition No.149 of 2003 against the respondent inter alia praying for divorce on the ground of cruelty and desertion under the provisions of Hindu Marriage Act. The said petition was resisted by the respondent wife by filing written statement.