Chaya Ganesh Kad vs Ganesh Shamrao Kad Advocate - Shaikh Zahir Gafoor — 15/2019

Case under Hindu Marriage Act Section 28. Disposed: Contested--PARTLY ALLOWED on 16th March 2026.

R.C.A. - Regular Civil Appeal

CNR: MHWS010002562019

Case disposed

Filing Number

132/2019

Filing Date

13-02-2019

Registration No

15/2019

Registration Date

13-02-2019

Court

District and Sessions Court, Washim

Judge

6-District Judge-1 and ASJ, Washim

Decision Date

16th March 2026

Nature of Disposal

Contested--PARTLY ALLOWED

Acts & Sections

Hindu Marriage Act Section 28

Petitioner(s)

Chaya Ganesh Kad

Adv. Gawali Ravindra Shamrao

Respondent(s)

Ganesh Shamrao Kad Advocate - Shaikh Zahir Gafoor

Hearing History

Judge: 6-District Judge-1 and ASJ, Washim

16-03-2026

Disposed

09-03-2026

Judgment

05-03-2026

Judgment

02-03-2026

Judgment

27-02-2026

Judgment

Final Orders / Judgements

16-03-2026
Copy of Judgment

Case Summary: Chaya Ganesh Kad v. Ganesh Shamrao Kad (15/2019) The District Judge partially allowed the appellant's (wife's) appeal and set aside the trial court's divorce decree. The judge found that the respondent (husband) failed to properly plead that a criminal case (Section 498A) filed by the wife resulted in acquittal, which is essential to establish mental cruelty as grounds for divorce. Following precedent (*Darshana v. Alok*), the court held that both grounds for divorce—cruelty and desertion—could not be decided on merit without complete pleadings. The case was remanded to the trial court for fresh decision, allowing both parties to amend their pleadings. This case analysis is maintained by casestatus.in based on publicly available court records.

casestatus.in Summary

Case Summary: Chaya Ganesh Kad v. Ganesh Shamrao Kad (15/2019) The District Judge partially allowed the appellant's (wife's) appeal and set aside the trial court's divorce decree. The judge found that the respondent (husband) failed to properly plead that a criminal case (Section 498A) filed by the wife resulted in acquittal, which is essential to establish mental cruelty as grounds for divorce. Following precedent (*Darshana v. Alok*), the court held that both grounds for divorce—cruelty and desertion—could not be decided on merit without complete pleadings. The case was remanded to the trial court for fresh decision, allowing both parties to amend their pleadings. This case analysis is maintained by casestatus.in based on publicly available court records.

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