LAWS(BOM)-1997-6-127

SUNANDA W/O GANGADHAR KOTANE Vs. GANGADHAR BASAPPA KOTANE

Decided On June 10, 1997
Sunanda W/O Gangadhar Kotane Appellant
V/S
Gangadhar Basappa Kotane Respondents

JUDGEMENT

(1.) THIS is an appeal by the original opponent in Hindu Marriage Petition No.56 of 1981 on the file of Civil Judge, Solapur.

(2.) THE respondent filed an application for divorce under section 13(1)(i-b) of the Hindu Marriage Act, 1955. As per the case of original applicant marriage was solemnized on 27.5.1975. After the marriage wife left the house of the applicant and went to her parents. Thereafter attempts were made by the applicant to bring her back which were unsuccessful. The original applicant thus states that without any sufficient cause, wife has deserted him continuously for 2 years next before filing of application.

(3.) THE trial Court vide its judgment and decree dated 19.1.1983 dismissed the application by holding that husband has failed to prove that wife has deserted him as contemplated under section 13(i)(i-b) of the Act.