Tushar S/O Balkrishna Kolhe vs Monali W/O Tushar Kolhe
2023 Latest Caselaw 3378 Bom

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               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                                  WRIT PETITION NO.2195/2023

           Tushar s/o Balkrishna Kolhe Vs. Monali w/o Tushar Kolhe

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Mr. S.R. Bhongade, Advocate for petitioner

                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 5th APRIL, 2023

Heard learned counsel for the petitioner.

2. The application filed by the petitioner- husband under Section 10(3) of the Family Courts Act r/w Section 151 of Code of Civil Procedure (CPC) for grant of decree for divorce on the ground of admission has been rejected by the learned Family Court by the impugned order dated 05/07/2022, holding, that there is no such admission. Though Mr. Bhongade, learned counsel for the petitioner contends otherwise and invites my attention to the averments in para 12(u) of the written statement of the petitioner (page 67), in my considered opinion, these averments cannot be construed to be an admission in law for the purpose of granting a decree inasmuch as the application for divorce has been filed by the respondent-wife under Section 13(1)(i-a) of the Hindu Marriage Act, alleging that

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the petitioner-husband had treated her with cruelty. The averment in para 12(u) of the written statement is not an admission of the petitioner-husband having treated the respondent-wife with cruelty and therefore, cannot be said to be an admission as contemplated by Order 12 Rule 6 of CPC, so as to entitle the petitioner for a judgment on admission. That being the position, I am not inclined to interfere in the impugned order. The petition is therefore, dismissed. No costs.

JUDGE

MP Deshpande