SANTOSH DNYANDEO BADADE Vs. JAYASHREE SANTOSH BADADE

JUDGEMENT

(1.) The present appeal is filed by the appellant challenges the judgment and order dated 20.2.2007 passed in a Petition filed under sections 13(1) (ia) and 25 of the Hindu Marriage Act, 1955. The appeal was admitted on 23/07/2007. The Respondent has not appeared ever since though served.

(2.) By the impugned judgment the petition was partly allowed. The Family Court held that the Respondent was not the legally wedded wife of the Appellant. Consequently, it was held that the Respondent/Original Petitioner was not entitled for decree of divorce. As far as the issue of maintenance for the Respondent and the minor children is concerned, the Family Court directed payment of sum of Rs. 500/- to each of the children from 20th February, 2007. The Respondent has not challenged the impugned judgment and order of 20th February, 2007.

(3.) The Respondent claimed that the marriage between the parties was solemnised on 2.6.1997 at Alandi in accordance with Hindu vedic rites. According to the Respondent, after the marriage they lived together at Kothrud for one year. Thereafter with her parents and then at Shahstrinagar. It is alleged that the Appellant also beat the Respondent and the children as a result of which she lodged police complaints. The Respondent alleged that the Appellant destroyed the photographs and papers pertaining to their marriage. That on 14.11.2005 the Appellant and his sister had beaten the Respondent as a result the Respondent apprehending danger to her life left the matrimonial home along with her children and went to her parents house. She also lodged a complaint against the Appellant. Subsequently, on 23.11.2005 with the help of a representative of an N.G.O, the Petitioner collected her belongings.