(1.) This Family Court Appeal is filed under Section 19 of the Family Court Act, 1996, challenging the judgment and order passed by the learned Principal Judge of Family Court, Nagpur in Petition No. A-385/2008, whereby the petition filed by the appellant under Section 13(1)(ia) & (ib) of the Hindu Marriage Act , 1955 was dismissed.
(2.) The appellant is the husband whereas the respondent is the wife and they will be referred to as such in this judgment.
(3.) The husband filed a petition for divorce under Section 13(ia) &(ib) of the Hindu Marriage Act , 1955 on 05.5.2008. It was registered as Hindu Marriage Petition No. A-385/2008. As per the petition, marriage between the parties was solemnized on 17.03.1985 in accordance with the Hindu rites and customs at Nagpur and the wife resided in her matrimonial house for about ten years. However, during these ten years, the wife's behaviour was cruel and she was of adamant attitude. She always used to pick up quarrel with the husband and his relatives. Further allegation in the petition is that the wife was in habit of quarreling with the people in filthy language. She used to pick up quarrel on the issue of separation. The husband used to resolve the dispute, but because of the attitude of the wife, she used to insult him in presence of respectable persons of the society. The petition further states that from the wedlock, one child by name Pankaj was born, whose age was 18 years at the time of filing of the petition for divorce and since birth, Pankaj is residing with the wife. The wife even did not permit the husband to touch his son. After birth of son, only for eight months she resided in her matrimonial house and thereafter she left the matrimonial house in 1989. She again joined the husband in the year 1993, but again she left the matrimonial house in 1996 without any reason. Thus, from 1996, the wife is residing separately without there being any reason. It is also alleged in the divorce petition that during the period of cohabitation the behaviour of the wife was very cruel. Thus, on the ground of cruelty and desertion divorce was claimed by the husband.