PRADEEP SHANTARAM KANGUTKAR Vs. SUPRIYA PRADEEP KANGUTKAR

JUDGEMENT

(1.) THIS First Appeal is preferred against the Judgment and decree dated 18th July 1994, passed by the learned Judge of Family Court No.2, Bombay, in Petition No. A-259 of 1990. By the aforesaid judgment and decree, the Family Court has dismissed the petition filed by the present appellant/husband for the grant of divorce on the ground of cruelty and desertion.

(2.) THE few facts, which are necessary to dispose of this First Appeal, are as under:-

(3.) IT is further contended on behalf of the appellant that on 21.9.1987 the respondent quarreled with the appellant for not allowing her to go to her parents place on 17.9.1987 and, therefore, she had decided to leave matrimonial home. To the appellant's surprise at 8.30 p.m. on 21.9.1987, the respondent's father along with his brother, cousin brother and 12-15 persons of unknown character came to the appellant's place and threw all the articles and goods etc in the appellants house helter-skelter. The respondent collected all her clothes, jewelry along with all other articles and while leaving the appellant's house, gave a threat to the appellant and his family members. It is also contended on behalf of the appellant that while leaving, the respondent made it clear that she was leaving the matrimonial house permanently as she had no desire to return. It is the further contention of the appellant that the whole episode with took place on 21.9.1987 at about 8.30 p.m. was recorded on tape-recorder and transcript of the same was produced and exhibited before the trial court. It is further alleged by the appellant that thereafter on 17.10.1987, the respondent delivered a female child. However, the appellant and his family members were not informed about the same. The appellant also failed to know the name of his daughter. This is how, according to the appellant, the respondent virtually broke the marriage hardly within eight months from the date of the marriage. The appellant, therefore, gave a notice to the respondent stating all the aforesaid facts in the said notice and called upon her to return the matrimonial house unconditionally. Failure on her part to do so, the appellant was constrained to file the present petition for divorce on the ground of cruelty under sections 13(1)(i-a) and 13(1)(1-b) of the Hindu Marriage Act, 1955.