AJAY ASHOK KHEDKAR Vs. SOU LALEETA AJAY KHEDKAR

JUDGEMENT

(1.) This is family court appeal filed by the unsuccessful husband whose petition for divorce has been dismissed by the Family Court. The appellant and the respondent's marriage was solemnized as per Hindu rites and customs at Pune on 8.3.2001. The marriage was an arranged marriage and after the marriage the respondent came to reside with the appellant. The appellant's mother resides along with the appellant. The petition for divorce was filed on the ground of mental cruelty under section 13(1)(ia) of the Hindu Marriage Act, 1955.

(2.) According to the petitioner on the wedding night itself the respondent alleged that she was deceived in regard to income of the appellant. The respondent allegedly stated that the salary of the appellant as informed to her was much more than what he was actually receiving. It is also alleged that with reference to the number of spectacle the respondent taunted the appellant by saying that she was made to perform marriage with a blind person. Touching those issues the respondent allegedly started quarreling with the petitioner and insulting the petitioner. It is the case of the appellant that since beginning the behaviour of the respondent was arrogant and rude and immediately after the marriage the respondent was insisting that the petitioner should stay separately from his mother in one of the two flats owned by the appellant's family situated at Raviwar Peth, Pune. According to the appellant he tried to convince the respondent that his mother is old and there is no one else to look after her and hence refused to stay separately. It is also the case of the appellant that the respondent gave threats that she would commit suicide if the appellant fails to reside separately. The respondent also denied conjugal rights to the appellant so as to coerce him to stay separate from his mother. On the above referred allegations touching mental agony and torture divorce petition was filed.

(3.) Sometime in December 2002 the respondent went to the house of her parents for delivery. She delivered a girl child on 26.2.03. Despite passage of enough time the respondent did not join the company of the appellant. According to the appellant because of the insistence on the part of respondent to stay separately the marital life was disturbed and peace and harmony was lost.