KARTIK NARAYAN DHAWLE Vs. VAISHALI KARTIK DHAWLE

JUDGEMENT

(1.) This appeal filed under Section 19 of the Family Courts Act, 1984 by the appellant-husband takes exception to the judgment of the learned Family Court No.4, Nagpur in Petition No. A-732/2010, by which the petition filed by him for judicial separation and in the alternative for a decree of divorce on the ground of cruelty and desertion, was dismissed.

(2.) Facts, in brief, leading to this appeal are as follows :

(3.) The wife appeared and denied all the allegations of the husband in the petition by filing a written statement. She admitted the marriage and the birth of daughter and the fact that she was living with her parents from 20.6.2009. She denied all other contentions. She averred that at the time of settlement of marriage no horoscope was exchanged, so also no false information was given by her and her parents to the husband in respect of her date of birth and the qualification. She denied that her bio-data was fabricated. According to her, the husband and his family members were greedy and they used to taunt her in filthy language for bringing meager dowry and about her qualification. She had to face miserable life without any fault on her part, due to the harassment of the respondent and his family members. She tolerated all the harassment and taunting contemplating that their behaviour would change. She contended that on 18.6.2009, the husband and his mother mercilessly beat her when she was in her fourth month of pregnancy. On the next day, Kishor and Kiran Bambal visited her house after attending the marriage at Datta Wadi and they found injuries and marks of beating on her person. They informed the same to the wife's parents. After they departed, she was again beaten and was threatened with dire consequences. Since she apprehended danger to her life, she was constrained to leave the matrimonial home in the midnight of 19-20.6.2009. She took shelter in the house of one Shri Gordey, who informed her parents. Thereafter, her paternal relatives came and took her to the maternal home. She lodged complaint of the said incident with the Police Station, but the police did not take cognizance. It was further averred that on 14.11.2009 she delivered a daughter but nobody from her matrimonial home came to see the child and no inquiries were made of her health. Though her parents tried for reconciliation, their efforts were not fruitful. She claimed that she was ready to cohabit with the husband. She specifically denied giving threats to the husband. She therefore prayed for dismissal of the petition filed by the husband.