Sanjay Nagorao Bharambe v. Sau. Pravina Sanjay Bharambe

SA203-13.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR.

Second Appeal No.203/2013 (Sanjay Nagorao Bharambe .vs. Sau. Pravina Sanjay Bharambe ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's orders Mr. A.D. Patil, Advocate for Appellant.

Mr. P.A. Teni, Advocate for Respondent CORAM : A.V. Nirgude, J.

DATED : March 31, 2015.

This appeal challenges concurrent findings recorded by the Courts below that the respondent/wife could prove her case for getting decree for restitution of conjugal rights against the appellant/husband. The appellant/husband while defending the case of restitution of conjugal rights tried to take defence of cruelty. In addition to this proceeding, the appellant/husband also initiated proceeding for divorce separately on the ground of cruelty. That also failed and the appeal also failed. The appellant/husband has not challenged judgment in that case here. The appellant/husband thus failed to prove his case of cruelty. Most of the questions between the parties were that of facts and at the appellate stage this Court would not enter into controversy based on facts. No substantial question of law arises in this appeal. Appeal sands dismissed.

JUDGE halwai