VISHNU B MAYEKAR Vs. LAXMI V MAYEKAR

JUDGEMENT

(1.) THE appellant is the husband who had filed M. J. Petition No. 327 of 1996 initially in the City Civil Court at Bombay which later on came to be transferred to the Family Court at Bandra. He had sought divorce on 2 grounds, one was that his consent to the marriage was obtained by fraud and second was that of cruelty. The learned trial Judge by judgment dated 7th December 1993 (sic) had disbelieved the ground of fraud completely and so far as the ground of cruelty is concerned, the decision was against the husband. As a result, the petition came to be dismissed.

(2.) WE have referred to the aforesaid two grounds with a view to emphasise that in the appeal, the ground of fraud is not pressed. The appeal is argued only on the ground of cruelty.

(3.) WE are taken through the position of the petitioner husband, and the letter of respondent wife and her witnesses.