DEEPAK VASANTRAO KUMBHARE Vs. JAYA DIPAK KUMBHARE

JUDGEMENT

(1.) The Family Court, Nagpur, declined to dissolve the marriage in between the parties to this appeal. There was a plea of divorce at the instance of the appellant/husband. The parties will be referred to by their original status before the Family Court. During the period of 10 years of cohabitation, the wife/respondent misbehaved with the husband/appellant and treated him cruelly. Instead of giving company, the wife left the company of the husband. The divorce was sought on the ground of cruelty as well as desertion.

(2.) When wife appeared, she put up her story alleging misbehaviour by the husband and she blamed him for her miseries and held him instrumental for leaving the matrimonial house. Both adduced oral and documentary evidence. But, it did not find favour with the trial Court Judge. Finally the petition came to be dismissed on 17/3/2012.

(3.) Learned Advocate Shri Mishra and Shri Bhishikar put up their case on behalf of the husband and the wife respectively. They also assisted us in deciding the matter. Perused the record. The Court frequently came across the allegation of physical cruelty by wife through the hands of husband. Rarely Court come across a case of physical cruelty by wife to the husband. In this case, there is a grievance of mental cruelty meted out to the husband by the wife. There are allegations and counter allegations. Husband alleges misbehaviour of the wife and not performing her duties. Whereas, wife alleges neglect and refusal to perform duties by the husband towards her. The Court is not supposed to inquire whether the wife has made out a case of cruelty. But her grievances need to be considered only while deciding the probability of the case of the husband. At the same time, it is not the test of proof beyond reasonable doubt but test of probability. Though there are disputed facts still there are few admitted facts.