SUREKHA Vs. MADHUKAR

JUDGEMENT

(1.) By this appeal filed under Sec. 19 of the Family Courts Act, 1984, appellant wife takes exception to the impugned judgment and decree passed by the Family Court No. 2, Nagpur in Petition No. A/344/2007, thereby decreeing petition filed by respondent husband for divorce on the ground of cruelty.

(2.) The facts in brief leading to this appeal are as follows:

(3.) The wife by filing written statement denied all the allegations made by the husband. She pleaded that the husband used to harass her on account of dowry. She was discharging her marital duties properly and her relations with her mother-in-law and other family members were most cordial. The husband soon after marriage, started abusing the wife for not bringing sufficient dowry. The wife could not fulfill the demands and unwarranted aspirations of the husband. The family of the wife tried to explain to the husband s family that they being from middle class were not in a position to fulfill the demands of the husband. It was further contended that the wife got knowledge that the husband was having illegal and immoral, physical and sexual relations with his maid servant. The wife tried to dissuade the husband from indulging in such acts. It is further claimed that one woman unknown to the wife came to the house of the husband for some work and stayed for the whole day and night. On that night, the wife saw the husband and the said lady were involved in sexual acts. Even after the birth of their children, the husband used to beat the wife. When the children used to oppose the husband, he used to get infuriated and angry and used to behave rudely with children. It is further alleged that the husband also tried to forcefully administer poison to the wife. He also tried to set her on a fire by pouring kerosene on her person, but the wife somehow managed to save herself. In the month of May 2007, the father of the wife was admitted in Meyo Hospital, Nagpur for cancer treatment. After his discharge, the wife accompanied him to their village Jarud. She stayed there for 4 to 5 days and thereafter returned to matrimonial house with her mother. The husband assaulted the wife and locked her in a room. He was suspecting that the wife had paid money for the treatment of her father at Meyo Hospital. Since the husband was bent upon killing the wife, she was forced to go to her parent s house leaving the children behind at Nagpur. She claimed that without her knowledge, the husband sold the house at Shrinagar and also her grocery shop along with material amounting of Rs.3,50,000.00. When questioned, the husband threw the wife out of the house and she was again forced to go to her parent s house at Jarud. She further claimed that she is entitled to be compensated for an amount of Rs.3,50,000.00 towards cost of materials in the Grocery Shop. She also claimed Rs.10,000.00 per month by way of compensation for loss of earning from the grocery shop. She claimed that she was jobless and had no source of income. The husband was earning Rs.10,000.00 per month from his job. She therefore prayed that the petition for divorce filed by the husband be dismissed.