NAYAN Vs. PRANITA

JUDGEMENT

(1.) These three appeals take exception to the common judgment passed by the Judge, Family Court No.2, Nagpur in Petition No. A-1014/2016 filed by Nayan under Sec. 13 (1)(i-a) of the Hindu Marriage Act, 1955 seeking divorce, Petition No. A-276/2017 filed by Pranita under Sec. 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights and Petition No. E-395/2015 filed by Pranita under Sec. 125 of the Code of Criminal Procedure, 1973 for grant of maintenance.

(2.) By the impugned common judgment, the Family Court dismissed Nayan's petition for divorce, rejected Pranita's claim for maintenance, however, decreed the petition of Pranita for restitution of conjugal rights, hence these three appeals are being decided by this common judgment.

(3.) Nayan has filed this petition seeking divorce from Pranita on the ground of cruelty. Marriage between Nayan and Pranita was solemnized on 28/9/2014 at Nagpur. After the marriage, Pranita cohabited with Nayan for near about five months. At the time of marriage, Nayan was serving as Research Officer at Tribal Development Department at Nandurbar. The parents of Nayan were residing at Nagpur. After the marriage, Nayan went to Nandurbar and Pranita stayed with her in-laws. Father of Nayan is a heart patient and his mother is bed ridden. According to Nayan, Pranita refused to take care of his parents though the ailments of his parents were informed to Pranita's family prior to marriage. Nayan took Pranita to Nandurbar, where he was residing with his friends in the quarter. He stayed with Pranita in a separate room in that quarter, but Pranita was not satisfied. She was insisting for separate room on rent which he could not get. Pranita was not preparing tiffin for him at his office time and she was not discharging matrimonial duties towards Nayan. As Nayan was deputed for an inquiry at Aurangabad between 22/12/2014 to 17/3/2015, he brought Pranita to Nagpur on 21/12/2014, however, she refused to stay with his parents and asked him to leave her to her paternal house. According to Nayan, his mother was unwell, however, Pranita did not take her care and she neglected her in-laws. She was constantly quarreling with her in-laws on instigation of her mother. On 18/2/2015, Pranita told her cousin on phone that if her mother-in-law had been given a kick blow the back, she would behave properly. Pranita also demanded divorce. On 19/2/2015, her mother instigated her by saying that she should behave in a rude and arrogant manner with in-laws. On 20/2/2015 her sister Manisha Balvir used bad words for Nayan and Pranita called Nayan as 'Hijada' (eunuch).