PREETY Vs. ARUN KUMAR

JUDGEMENT

(1.) Shri Sameer Athawale, Advocate for the appellant. Shri Ramakant Sharma, Advocate for the respondent. Appellant Smt. Preety Sawle and Respondent Shri Arun Kumar Sawle are present in person, they have been identified by their respective Counsels Shri Sameer Athawale Advocate for the appellant and Shri Ramakant Sharma for the respondent. Heard.

(2.) They have filed an application under Sec. 13 (B) of Hindu Marriage Act, 1955 for the divorce by mutual consent vide I.A. No.5998 of 2016. This application is supported by their affidavits with their consent. Respondent has handed over Rs. 4,00,000.00 to the appellant Smt. Preety towards permanent alimony vide a demand draft No.947833 dated 19.7.2016 of State Bank of India, Sarangpur. It is also submitted that a Criminal Revision No.736 of 2015 has been filed by the appellant for grant of maintenance which is pending for consideration. She submits that she will file appropriate application for withdrawal of the said criminal revision.

(3.) The marriage between the appellant and her husband was solemnized on 16th May, 2002. Due to some differences they have started living separately since, 2010 and thereafter an application under Sec. 13 (i) (a) of Hindu Marriage Act, 1955 for grant of decree of divorce has been filed by the appellant/wife against her husband in respect of cruelty caused by the respondent-husband. By the impugned judgment, aforesaid application has been rejected by the learned Trial Court.