SANDEEP BHARAT PARKHE Vs. KALYANI SANDEEP PARKHE

JUDGEMENT

(1.) THE appellant husband prefers this appeal from the judgment and decree dated 26th April, 2005 of the Family Court dismissing the petition filed by him for divorce on the ground of cruelty.

(2.) THE parties were married on 22nd November, 2002 at Pune as per Hindu vedic rites. Thereafter, they resided together for a short period of 6 months i.e. until 25th March, 2003 from which date the respondent has been staying with her parents. There is no issue from the marriage.

(3.) THE appellant examined himself, his brother Sachin and one Smt. K.G. Modak in support of his case, whereas, the respondent examined only herself. The Family Court was of the opinion that the evidence brought by the appellant before the court was not sufficient to establish that the respondent had treated him with cruelty. It was also of the opinion that the respondent has not satisfied the court that he has not condoned the cruel acts of the respondent and that he is not taking advantage of his own wrong as required under Section 23 of the Hindu Marriage Act. With these findings, the Family Court dismissed the appellant's petition for divorce.