PREMA BHASKER JADHAV SAU Vs. BHASKAR LAXMAN JADHAV

JUDGEMENT

(1.) HEARD the learned Counsel for the parties.

(2.) PETITIONER No. 1 wife has filed a petition for divorce against respondent No. 1 husband and it is pending in the Court of Civil Judge, Senior Division, Kalyan. The parties were married in June, 1985 and they have three children who are all minors and who are petitioner Nos. 2 to 4 (through petitioner No. 1 ). The grounds of divorce are having sexual relations with other persons-section 13 (i) and cruelty section 13 (ia) of the Hindu Marriage Act, 1955. Alternatively she has sought judicial separation under section 13-A of the said Act. Petitioner No. 1 wife has made very serious allegations against respondent No. 1 husband. It is alleged that apart from instances of physical cruelty, he is going to prostitutes and, therefore, she fears that because of him, she may get infection which could be dreadful. It is further alleged by her that the instances of physical torture and sexual harassment have taken place in the presence of her own children and relatives. She has alleged that he indulged in excessive drinks and used abusive language. It is contended in the petition that it has become difficult for petitioner No. 1 wife to continue to stay with respondent No. 1 husband. Respondent No. 2 is the Social Welfare Officer at Thane. Petitioner No. 1 has averred that the flat where she is staying is in Ulhasnagar, is in her own name and, therefore, she moved in interim application that respondent No. 1 ought to be restrained from entering into the flat. That application has come to be rejected and hence, this petition.

(3.) RULE on the petition. Mr. Rao and Mr. Sonawane waive service of the rule. All the Counsel are heard. Petitioner No. 1 and respondent No. 1 are also present in Court.