VARDHAMAN ALIAS PUSHKARAJ BAMB Vs. ALKA VARDHAMAN BAMB

JUDGEMENT

(1.) THIS appeal is directed against the judgment and order dated 21st June 2003 passed by the learned Judge of the Family Court, Pune dismissing the petition bearing PA No.654 of 2002 filed by the appellant-husband against the respondent-wife for dissolution of their marriage.

(2.) THE case of the appellant is that he and the respondent were married as per the Hindu Religious Rites at Pune on 4th June 1985. The appellant was permanent resident of Village Bhadgaon, District Jalgaon and the said fact was known to the respondent and her parents. After the marriage, the respondent lived with the appellant for a period of 1 1/2 months at Bhadgaon. On 10th August 1985, in the Hindu religious Lunar month of "Adhik Mas", the respondent's brother fetched her from Bhadgaon to Pune. After a few days, the appellant also went to Pune to the place of the respondent's father to fetch the respondent back to Bhadgaon, but she refused to accompany him. The appellant again went to Pune in September 1985 to fetch the respondent, however she again declined to go with him. Her parents suggested the appellant that he should settle in Pune permanently and do his business there. The appellant did not agree and thereupon the respondent refused to go with him to Bhadgaon. The appellant, his father, uncle and other relatives made several attempts to persuade the respondent and her parents, but the respondent declined to go to Bhadgaon and stated that she wanted to stay at Pune and would not stay with the appellant anywhere else. The respondent without just or sufficient cause had deserted the appellant since August 1985 for a period of 2 years. The appellant, therefore, filed a petition in January 1988 for dissolution of their marriage by a decree of divorce.

(3.) AFTER considering the oral and documentary evidence, the Family Court held that the appellant had failed to prove that the respondent had deserted him without just and sufficient cause for a continuous period of 2 years preceding the filing of the petition. After considering the evidence adduced by the parties, the Family Court dismissed the petition for divorce filed by the appellant. Aggrieved appellant is in appeal.