PREMILABEN MANHARBHAI SONARA Vs. MANHARBHAI KALYANBHAI SONARA

JUDGEMENT

(1.) BY way of this appeal, the appellant has challenged the judgment and order dated 28.3.2002 passed by the Family Judge, Court No.2, Ahmedabad in Family Suit No.1133 of 2000, whereby the suit filed by the husband -respondent herein was allowed and the marriage solemnized between the petitioner and the respondent was dissolved. For the sake of convenience, the appellant and respondent herein are referred to as 'wife' and 'husband' hereinafter.

(2.) THE brief facts giving rise to filing of this appeal are such that the marriage between the parties was solemnized on 17.5.1985 at Amraiwadi by Hindu rites and rituals and after marriage, they, initially, stayed at Bajrada, Taluka Dhandhuka and three children were born out of the said wedlock. The husband was working as a Station Master in Railway Control Office at the relevant time and he had been allotted quarter where he was residing since last 9 years. That upto 15 years, their life was smooth, but thereafter the wife was entangled with one Raghuvirsinh B.Labana who used to visit their house in absence of respondent -husband. Said Raghuvirsinh was a Sardarji and allegedly is an anti -social element. Whenever he used to come to their house, the children were locked in room and then wife used to have extra marital relations with said Sardarji. That their daughter Arti had seen this scene with her own eyes and the wife had threatened her to kill her by giving poison, therefore, she had not told this fact to anybody. That the whole colony was knowing about relations between the wife and Sardarji and when this thing came to the notice of the husband, he inquired from the wife and at that time she threatened to commit suicide and put the husband and all his family members behind the bars and therefore, the husband called his relatives in whose presence, the wife agreed about extra marital relations and the father and relatives of the wife took her to their house to keep her away from said Sardarji. That the husband lodged complaint in Amraiwadi Police Station against said Sardar Raghuvirsinh about adultery, due to which said Raghuvirsinh got angry and came with some anti -social elements to the husband's house and asked the husband to call the wife back to her house else he will kill the husband. That the attitude of the wife was such that it might affect the future of their children. Besides, it had also damaged reputation of the husband and the husband was under mental stress due to this and therefore, he had filed petition under Section 13 of the Hindu Marriage Act for divorce.

(3.) THE said petition was contested by the wife by filing written statement at Exh.4 denying all the contentions of the husband and had stated that the husband and wife were staying in railway quarter along with his brother and sister -in -law and the husband had affair with his Bhabhi and when the wife objected for the same, the disputes occurred in their marital life and the husband used to get angry on the wife and used to tell her that he would live the life according to his whims. She also contended that she had filed an application for maintenance and also a case under Section 498(A) of Indian Penal Code against the husband and the husband had asked her to bring Rs.25,000/ - from her father and for that amount he tortured her mentally and physically and just to take advantage of his own wrong, he had filed this petition against the wife. Therefore, she requested to dismiss the petition.