Dr. Saurabh Shivhar Yelurkar vs Dr. Mayuri Saurabh Yelurkar
2022 Latest Caselaw 4145 Bom

                                      1                      SA / 851 / 2018



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                        SECOND APPEAL NO. 851 OF 2018

Dr. Saurabh Shivhar Yelurkar                                      .. Appellant

        Versus

Dr. Mayuri Saurabh Yelurkar                                       .. Respondent

                                     ...
           Dr. Saurabh Shivhar Yelurkar, party in person - appellant
                Mr. S.V. Mundhe, Advocate for the respondent
                                     ...

                                CORAM           : MANGESH S. PATIL, J.

                                RESERVED ON     :   07 APRIL 2022
                                PRONOUNCED ON   :   19 APRIL 2022

PC :

I have heard the appellant in person and the learned

advocate for the respondent.

2. The appellant is the husband of the respondent seeking

divorce on the ground of cruelty as contemplated under section 13(1)

(ia) and desertion under section 13(1)(ib) of the Hindu Marriage Act,

1955. Both the courts below have recorded a negative finding

regarding availability of either of the grounds.

3. I have carefully considered the rival submissions and

perused the judgments of the courts below as also the papers.

2 SA / 851 / 2018

4. The second appeal is admitted on following substantial

question of law.

I) Whether the courts below have recorded a perverse and

arbitrary finding overlooking the material pieces of

evidence, particularly when the respondent admittedly

got operated soon after the marriage without disclosing

the fact to the appellant and his relations ?

5. Final hearing is expedited.

[ MANGESH S. PATIL ] JUDGE

arp/