RAJESH PREMCHAND SURYAWANSHI Vs. UJWALA RAJESH SURYAWANSHI

JUDGEMENT

(1.) HEARD Shri D. B. Arole, learned Counsel for the petitioner. The respondent, though duly served with notice of Reference is absent.

(2.) THIS is a Reference under section 17 of the Indian Divorce Act, 1869 (hereinafter referred to as the Divorce Act for the sake of brevity), for confirmation of a decree for dissolution of marriage made by the Additional District Judge, Ahmednagar. The learned Additional District Judge, Ahmednagar passed the decree for dissolution of marriage on 23-3-1999 and after expiry of statutory period of six months, as contemplated in proviso to section 17 of the Divorce Act, the said decree is placed before us for confirmation. Few facts relevant for the purpose of digesting the point involved in the matter of confirmation of divorce decree, are these:

(3.) THE original petitioner Rajesh and original respondent Ujwala profess Christian religion. Petitioner Rajesh married to respondent Ujwala on 31-5-1995 as per Christian religious rites. The marriage took place at Ahmednagar. After solemnization of the marriage, respondent Ujwala lived with the petitioner Rajesh as his wife at Ahmednagar. The respondent Ujwala stayed with the petitioner Rajesh for short duration. During this short period, the parties did not pull on well. There used to be quarrels in between them. The respondent wife told on the face of petitioner Rajesh that she did not want to stay with him. She was arrogant. She did not perform her domestic duties. The respondent wife insulted the petitioner husband in filthy language. The respondent wife left the matrimonial home and went to her mother. She compelled the petitioner husband to leave his own house and to reside with her at her mothers place. The petitioner was expecting to see change in the attitude of respondent wife. But even at her mothers place, the petitioner husband did not see any change in her attitude. All the while, the respondent wife picked up quarrels with the petitioner husband and insulted him like anything. During this period, the respondent wife gave birth to a female child on 29-4-1996. The petitioner husband has made a serious grievance that the respondent wife did not allow him to touch his daughter. The ultimate climax took place on 2-5-1996. On that fateful day, the respondent wife, her mother and brother assaulted the petitioner husband and drove him out of the house.