Atul Madhukar Bagul vs Ujwala Atul Bagul
2023 Latest Caselaw 11108 Bom

                                     1                               30-SA-36-23.odt



          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                      BENCH AT AURANGABAD

                          SECOND APPEAL NO.36 OF 2023

                         ATUL MADHUKAR BAGUL
                                  VERSUS
                           UJWALA ATUL BAGUL
                                     ...
              Advocate for Appellant : Mr. Bharat R. Waramaa
                                     ...

                                         CORAM :        S. G. MEHARE, J.

                                         DATE       : 30-10-2023
PER COURT :-

1. Heard the learned counsel for the appellant.

2. The appellant is the husband. He has filed petition for

divorce on the ground of cruelty. The learned trial Court and the

first Appellate Court have dismissed the petition.

3. The learned counsel for the appellant submits that there is a

long separation from 2004. The relations are irretrievable. Hence,

in view of the judgments of the Hon'ble Supreme Court in a case of

Ajay Kumar Rathee Versus Seema Rathee, Civil Appeal No.5141 of

2011 dated 10.03.2022 and Shri. Rakesh Raman Versus Smt.

Kavita, Civil Appeal No.2012 of 2013 dated 26.04.2023, the

marriage is likely to be dissolved as separating each other for a

long period and absence of cohabitation and the complete

breakdown of all meaningful bonds and the existing bitterness

between the two, has to be read as cruelty under Section 13(1) (ia)

of the Hindu Marriage Act, 1955 (for short, "the Act").

2 30-SA-36-23.odt

4. In short, the learned counsel would submit that since there is

long separation, there was no cohabitation and complete

breakdown of the marital bonds and there were bitterness

between the husband and the wife, is cruelty under Section 13(1)

(ia) of the Act. The ratio laid down in the above cases are squarely

applicable to the facts of the case in hand. Hence, he proposed

following substantial questions of law :-

Whether pronouncement of the Hon'ble Supreme Court, in the cases of Ajay Kumar Rathee (supra) and Shri. Rakesh Raman (supra), covers the issue involved in the case ?

5. It is no doubt that the parties are residing separately since

around 15 years without any cohabitation. Hence, there is a

substantial question of law involved in the appeal. Following

substantial question of law has been formulated :-

"Whether the issue involved in this appeal is covered under the ratio laid down by the Hon'ble Supreme Court in the case of Ajay Kumar Rathee (supra) and Shri. Rakesh Raman (supra) ?

6. Admit.

7. Issue notice to the respondent, returnable on 10.01.2024.

8. Call R & P.

( S. G. MEHARE ) JUDGE

rrd