LATESH SUBHASH KADAM Vs. NEESHA LATESH KADAM

JUDGEMENT

(1.) The appellant-husband has filed this Family Court Appeal against the Judgment and order dated 11.5.2007 passed by the Family Court in Petition No. A-892 of 2002, whereby this petition seeking divorce on the ground of cruelty, as provided for under section 13(1)(i-a) of the Hindu Marriage Act,1955 (for short, "the Act") has been dismissed.

(2.) The matrimonial alliance was entered into between the appellant-husband and the respondent-wife as per Hindu rites and rituals at Satara, District-Satara on 13.3.2000. Parties have no issue from the said wedlock. The appellant and his family, though hail from district-Satara, are residents of Mumbai. The appellant, at the relevant time, was working in Mumbai. After their marriage at Satara, they came to Mumbai on 20.3.2000. It is the case of the appellant that since solemnization of the marriage, the attitude, conduct and behaviour of the respondent-wife towards him as well as his family members was rude, adamant and annoying. Right from the day of the marriage, according to the appellant, the respondent was arrogant and rude with him as well as with his family members and she started taunting him over his educational qualification. The respondent is an M.A., whereas the appellant is only a Diploma Holder. All these allegations have been denied by the respondent. According to the respondent, right from beginning, she started doing all household work like sweeping, cleaning utensils, cooking, washing cloths of the entire family etc. She tried to keep every one in the family happy and satisfied. She had good relationship with the appellant, however, at the instance of his parents, he started behaving indifferent right from the beginning. There is no dispute that the marriage was consummated. It appears that in view of the peculiar nature of job, which the appellant was doing at the relevant time, frequently he used to go abroad and also in and around India as a part of his job. After their marriage, the respondent left the matrimonial home last some time between April and July, 2002. From the date of marriage till she last left the matrimonial home, according to the respondent, they both stayed together for hardly seven months. The respondent-wife claims that she never refused to perform her matrimonial obligations or even had shown her intention to deprive the appellant of conjugal rights.

(3.) It is against this backdrop, the appellant instituted the petition for divorce on the ground of cruelty. Apart from her day-to-day arrogant and rude behaviour, the appellant has relied upon the following instances, as alleged in the pleadings and the evidence: Firstly, it is contended that because of the respondent's typical behaviour, both the families had to hold meeting on 4.10.2000 to sort out the differences between the two. Next it is alleged that on 12.5.2000 the respondent held the appellant's collar and threatened him that if he did not stay with her properly, she would cause harm to him and his family members. Thereafter, on 7.1.2001, it is alleged that the respondent's cousin -Ravi, when brought her to Mumbai from Satara, threatened the appellant stating that he had handled plenty of such family disputes in his own way and looking to the appellant's good nature he was keeping quite. Lastly, it is alleged that on 1.1.2002 the respondent and her cousin Ravi brought about fifteen persons to the appellant's house in Mumbai and threatened him stating that he had not married the respondent only for getting house-hold work done. Apart from these four incidents, the learned counsel for the appellant also made reference to the case/complaint filed by the respondent against the appellant under the Protection of Women from Domestic Violence Act, 2005, which, according to the appellant, caused mental cruelty to him and his family members. A reference to the calls allegedly made by the Medha Police Station to the appellant and his father was also made to contend that the calls were made by the police at the instant of the respondent, which made him and his family to suffer mental trauma. In the backdrop of these facts, the petition was filed by the appellant-husband on 20.1.2004.