SAU. JIYA Vs. KULDEEP

JUDGEMENT

(1.) Leave granted.

(2.) The instant appeals arise out of the impugned order dtd. 25/4/2018 passed by the High Court of Judicature at Bombay Bench at Nagpur in Family Court Appeal No. 37 of 2017 whereby the High Court dismissed the appellant's appeal challenging the decree of divorce granted by the Family Court.

(3.) The brief facts of the matter are that the marriage between the appellant-wife and the respondent-husband was solemnized on 27/6/2012 at Nagpur as per Hindu rights and customs after a courtship of about four years and the appellant started cohabiting with the respondent at the matrimonial house. The respondent filed Petition No. A-943 of 2014 before the Family Court, Nagpur under Sec. 13 of the Hindu Marriage Act, 1955 [HMA] seeking grant of divorce on the grounds of cruelty and desertion. It was alleged by the respondent in the divorce petition that soon after the marriage, his father suffered some heart problem and was required to be hospitalized for about fifteen days during which the husband could not devote enough time to the appellant which became the cause of her anguish and displeasure. Resultantly, the appellant left the company of the respondent and went to her maternal home. It was further claimed by the respondent that he had made attempts to bring the appellant back to the matrimonial home who exhibited reluctance to return as she did not want to cohabit with him in a joint family. Therefore, it was stated that the parties stayed together for about only two months and there is no issue out of the wedlock.