CHITRA PRADEEP DESHPANDE Vs. PRADEEP DATTATRAYA DESHPANDE

JUDGEMENT

(1.) THIS Family Court Appeal is filed against the judgment and decree dated 9th July, 1994 passed by the learned Principal Judge, Family Court No.2, Pune. The respondent in this Appeal (Original Petitioner) had filed Matrimonial Petition No.A. No. 779 of 1992 under Section 13 of the Hindu Marriage Act for divorce. The said petition was filed on the grounds of cruelty and desertion on the part of the wife, who is the appellant in this Appeal.

(2.) IT is the case of the respondent-husband that he got married with the Appellant-wife in the year 1980. Till the year 1983, the Appellant-wife cohabited with him. However, thereafter she left the matrimonial house for delivery of a child and never returned to the matrimonial house till 1990. However, somewhere in 1990 she returned to the matrimonial house but without bringing her newly born daughter and continued to stay in the matrimonial house till October 1990. Thereafter she again left the matrimonial house in October 1990. Therefore, the respondent-husband filed the present Divorce Petition for divorce on 21st February 1992. It was contended on behalf of the respondent-husband that he is entitled to get divorce on the grounds of mental cruelty and desertion. On the other hand, the Appellant-wife filed her written-statement, wherein she denied all the allegations made by the respondent-husband in the Petition.

(3.) DURING the pendency of the aforesaid Petition, the wife had also made an application under Section 24 of the Hindu Marriage Act for maintenance. The trial Court granted maintenance at the rate of Rs.600/- for the Appellant-wife and Rs.500/- per month for the child. The said interim order of maintenance was confirmed by the trial Court while passing the decree.