(1) SA. 868.2008 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD SECOND APPEAL NO. 868 OF 2008 Mr. Gorkshnath Bhimashankar Kanawade, Age about 44 years, Occu.: Service, Residing at Ashtekar Wada, House No.225, Chaupati Karanja, Ahmednagar .. Appellant VERSUS Ms. Savita Gorkshnath Kanawade, Age: about 38 years, Occu.: Household, Residing at C/o Balasaheb Bedre, Babhaleshwar, Taluka Shrirampur, District : Ahmednagar .. Respondent Mr. D.G. Chewale, Advocate for the appellant Mr. I.S. Thorat, Advocate h/f. Mr. V.H. Dighe, Advocate for the respondent CORAM : A.V. NIRGUDE, J. DATED : 28TH JULY, 2009 ORAL ORDER:- 1] The appeal is filed against the concurrent findings recorded by the Courts below, that the appellant has failed to prove the grounds of cruelty and desertion against the respondent-wife. 2] It is argued that the Courts below did not appreciate properly, the fact that the respondent- (2) SA. 868.2008 wife had filed a criminal case against the appellant under section 498-A of the Indian Penal Code, and had failed to prove her case. It is further argued that the failure of the respondent to prove the criminal charges, amounted to cruelty. I am afraid this is not a question of law, but it is a question of fact. It's outcome depended on the appreciation of the evidence. If the Courts below considered this aspect of the case against the appellant, there is no reason for this Court to interfere. 3] The Second Appeal stands dismissed. Sd/- (A.V. NIRGUDE, J.) arp