NARAYAN SHANKAR GOKHALE Vs. SUDHA NARAYAN GOKHALE

JUDGEMENT

(1.) BEING aggrieved by the Judgment and Decree dated 16-4-1994 passed by the learned Judge of the Family Court at Pune in P. A. No. 641 of 1992, the appellant-husband has filed this first appeal. Few facts which are necessary for the disposal of this appeal are as under :

(2.) THE appellant who is a school teacher got married with the respondent, who was also a school teacher, on 16th May, 1981 as per the rites and ceremonies of Hindu religion. After the marriage, there were differences of opinion, due to which the relations between the parties were strained and, therefore, it is the case of the appellant, that the respondent had deserted him. It was also the case of the appellant that he suffered mental cruelty at the behest of the respondent, due to which he became entitled to get divorce under section 13 (1-A) of the Hindu Marriage Act, 1955. The appellant, therefore, filed appeal for divorce on 20th December, 1990, against the respondent-wife for divorce, more particularly, on the grounds of desertion and cruelty. The trial Court, after hearing both the sides, held that the appellant had suffered cruelty at the hands of the respondent. However, the trial Court passed the decree of judicial separation instead of the decree for divorce.

(3.) AGAINST the aforesaid Judgment and Decree, the respondent-wife preferred an appeal before this High Court, being Family Court Appeal No. 65 of 1992. The aforesaid appeal came up for admission before this Court and this Court by its judgment dated 20th September, 1993 confirmed the decree passed by the trial Court and dismissed the appeal with no order as to costs.