SAVITA ARUN KADU Vs. ARUN RANGANATH KADU

JUDGEMENT

(1.) THE appellant -original respondent wife has filed this appeal challenging the judgment and decree passed by the learned Principal Judge, Family Court, Bombay dated 26.4.1994 wherein the learned Judge has allowed the petition filed by the husband. As per the decree of the Family Court, the marriage solemnised between the appellant and respondent dated 22.1.1990 was stand dissolved and decree for divorce under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 was passed and while granting the decree, the petitioner -husband was directed to pay Rs. 400/ - per month as permanent maintenance to the respondent -wife and daughter.

(2.) THE main contention in the present appeal highlighted by the appellant is to the effect that no opportunity was given to the appellant -wife and the Family Court has proceeded with the petition filed by the husband ex parte and the Court has granted petition for divorce in favour of the appellant -husband. Accordingly the appellant's grievance is to the effect that the Trial Court has committed error in granting decree for divorce as prayed for by the respondent -husband. As the Family Court has proceeded with the petition ex -parte, the appellant prays that the said judgment and decree be set aside and the appellant permitted to lead evidence and the Family Court be directed to decide the matter in accordance with law.

(3.) THE learned Advocate appearing on behalf of the appellant took us through the record and also the Roznama of the case. We have perused the petition for divorce filed by the respondent -husband and the written statement filed by the wife. As reflected from the record that the marriage of the appellant and the respondent were solemnised on 22.2.1990. Out of the said wedlock the appellant gave birth to a female child named Akanksha on 20.1.1991. The respondent -husband has filed the petition before the Family Court at Bombay on 4.2.1993 praying for divorce and the petition under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 was presented.