RAGHUNATH VASANT TONPE Vs. MANGAL RAGHUNATH TONPE

JUDGEMENT

(1.) The appellant-husband whose Petition No.A427/2013 filed against the respondent-wife for divorce on the grounds of cruelty and desertion under Section 13(1)(i-a) and (i-b) of the Hindu Marriage Act, 1955 was dismissed by the Family Court, Aurangabad on 31.05.2016, has preferred this appeal being aggrieved by the same. The parties are hereinafter referred to by their status before the Trial Court. The matter was referred to the Mediator for settlement and mediation failed.

(2.) Few facts relevant to decide this appeal in short, are that, the marriage of the petitioner with the respondent was solemnized on 01.05.1997. After marriage the respondent-wife went to the house of the petitioner for cohabitation and they have a daughter, namely, Bhagyashri born from the said wedlock.

(3.) Case of the petitioner is that the respondent is residing separate from him since 2000 and causing cruelty to him. He had filed petition No.A-180 of 2001 against the respondent to come to him for cohabitation alongwith her daughter Bhagyashri. So also, respondent had filed application under section 125 of the Criminal Procedure Code against the petitioner bearing No.E-835 of 2000 claiming maintenance. Above said both the proceedings were tried together and petitioner's petition was dismissed and maintenance application of the respondent was allowed by the Court by order dated 31.08.2001. Thereafter, respondent-wife filed petition No.A-270 of 2004 against the petitioner for restitution of conjugal rights. Said petition was dismissed with costs by the Court and while dismissing the said petition/suit, the Court had blamed the respondent that she had suppressed the true facts from the Court.