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As per case facts, late Nilesh Bhagat filed a divorce petition against his wife, alleging cruelty and desertion. The Trial Court granted a divorce decree, but the First Appellate Court
...reversed it, finding that the husband's allegations were not proven and that the wife was harassed for a motorcycle demand. The husband's legal representatives appealed to the High Court. The question arose whether the appellate Court was legally justified in reversing the decree passed by the trial Court dissolving the marriage between the parties. Finally, the High Court found that the First Appellate Court's finding that the petition was not filed on the ground of desertion was contrary to the record and that its findings on cruelty were unsustainable. The First Appellate Court was directed to revisit the matter and deal with the contentions pertaining to desertion, and also consider the wife's statement about cohabiting as an honest statement or a design to claim property, and whether long separation without reconciliation amounts to cruelty.
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