PUSHPANJALI TAMBOLI Vs. SATISH KUMAR TAMBOLI

JUDGEMENT

(1.) Appellant-Wife preferred this appeal against the judgment and decree dtd. 28/4/2018 passed by the learned Additional Principal Judge, Family Court, Bilaspur, C.G. in Civil Suit No.206-A/2016, whereby the suit of husband / respondent for dissolution of marriage has been decreed and the marriage dtd. 23/4/2000 of Smt. Pushpanjali / appellant and Satish Kumar Tamboli / respondent has been dissolved.

(2.) Averments made in the suit filed under Sec. 13 of the Hindu Marriage Act, 1955 (for short 'the Act, 1955') by the respondent / husband, in brief, are that appellant / wife married the respondent / husband on 23/4/2000 according to the Hindu rites and rituals. After marriage, the wife joined the company of the husband and from their wedlock, one male child and one female child were born. It is alleged by the husband that wife was posted as Shiksha Karmi Grade-III at Govt. Primary School, Kathakoni Division Takhatpur, District Bilaspur and due to illness of her mother, she requested her in-laws that she wants to reside with the respondent / husband at her parental home. After the birth of male child, the behaviour of wife, her parents and sisters completely changed towards husband, they started ill-treating, abusing him in filthy language and assaulting him. Meantime, in the year 2004, respondent / husband was appointed on the post of Hindi Assistant on temporary basis at NTPC Jamnipali, Korba, C.G. and thereafter in the year 2005, he got the government job and was appointed on the post of Shiksha Karmi Grade -II at Govt. Middle School, Bilaspur and was residing in his matrimonial home with the wife and his children. After some time, family members of the wife again started misbehaving with the respondent / husband and being fed up with this persistent ill-treatment, he left the matrimonial home and was residing separately. In the year 2010, respondent / husband was posted on the post of Shiksha Karmi Grade - I at Govt. Higher Secondary School Karanja, Bhilai, District Durg, C.G. where he was residing separately in a rented house. During his service at Bhilai, wife visited there and again requested the husband to reside with her at Bilaspur. On this, husband got himself transferred from Bhilai and started living at Bilaspur with the wife but the behaviour of the wife, her parents and sisters did not change towards him. They used to pressurize the husband to sell the agricultural land, committed marpeet with him and also extended threat that they would implicate him in a criminal case. Since the wife continuously treated the husband with cruelty, she did not discharge her matrimonial obligations towards the husband and there is no possibility of their living together, he filed a petition for dissolution of marriage by a decree of divorce.

(3.) Appellant / wife in her written statement denied all the adverse averments made by the respondent / husband and stated that at the time of marriage, husband was unemployed and due to illness of her mother, she requested her in-laws to permit the husband to live with her at her parental home. She never wanted the husband to get separated from his family. Her family members never treated him with cruelty, rather took all possible best care of him. As she is a government employee and her children are small, so she could not live with the husband at his work place. She also stated that when her husband got the government job, his behaviour towards her completely changed. He tortured and harassed her mentally and physically in connection with demand of dowry, committed marpeet with her, abused her and also threatened her of life. She was always willing to live with her husband and was trying to save her marriage. She never made any complaint to the police as she was under the impression that the husband would keep her with him and they would lead a happy married life. With the above averments, the appellant / wife prayed for dismissal of the suit filed by the respondent / husband.