DEEPAK NATKAR Vs. DEEPALI NATKAR

JUDGEMENT

(1.) THE unsuccessful husband in two Courts below has filed this Letters Patent Appeal under Clause X of the Letters Patent impugning the order dated 27. 4. 1992 passed by the learned Single Judge of this Court in First Appeal No. 140 of 1989.

(2.) FACTS lie in a narrow compass. The appellant presented a petition under Section 13 (1) (ia) and (ib) of the Hindu Marriage Act, 1955 (for short 'the Act') on 1. 12. 1987 in the Court of District Judge, Shajapur for dissolution of marriage by decree of divorce. The marriage had taken place according to Hindu rites in the year 1980 and from this wedlock, they have a daughter. The respondent disputed the allegations. The Trial Court on appreciation of the evidence found that the allegations of cruelty and desertion were not established and dismissed the petition, registered as Hindu Marriage Case No. 1 of 1989 on 1. 8. 1989. Dissatisfied, the husband filed the First Appeal under Section 28 of the Act against the order of refusal to grant decree of dissolution of marriage by divorce. The learned Single Judge on re-appreciation of the entire evidential material and consideration of the legal position found that appeal had no merit and dismissed the same on 27. 4. 1992. Still dissatisfied, the husband has filed this Letters Patent Appeal.

(3.) WE have heard Mr. J. W. Mahajan, learned Counsel for the appellant and Ku. K. K. Wagh, learned Counsel for the respondent.