SUDAM SHANKAR JADHAV Vs. SUJATA @ JANTA SUDAM JADHAV

JUDGEMENT

(1.) Heard advocates appearing for the parties. Considering the fact that the appeal arises out of matrimonial dispute between the parties, the same is taken up for final disposal at admission stage. It must be stated here that advocates appearing for both the parties stated that though they made efforts to bring about amicable settlement between the parties, their efforts have not succeeded.

(2.) The appellant is the husband and respondent is the wife. The appellant filed a petition for divorce under section 13 of the Hindu Marriage Act, 1955. The trial Court passed a decree of divorce on the ground of cruelty. An appeal was preferred by the respondent before the District Court. By the impugned judgment and decree, the decree passed by the trial Court has been set aside and petition for divorce filed by the appellant-husband has been dismissed.

(3.) The substantial question of law which arises for consideration is whether the Appellate Court has performed its duty as the first Appellate Court and as the final fact finding court.