ABHA Vs. NITIN

JUDGEMENT

(1.) In both these appeals the parties are same and therefore, these two appeals are disposed of by common Judgment. The Family Court Appeal No. 25 of 2015 is filed by the appellant being aggrieved by the judgment and decree passed in Petition No. A-203 of 2013 whereby, the Family Court granted the decree for restitution of conjugal rights, as prayed by the respondent. The Family Court Appeal No. 26 of 2015 is filed by the appellant being aggrieved by the judgment and decree passed in Petition No. A-962 of 2011 whereby, the Family Court rejected the decree for divorce, as prayed by the appellant.

(2.) The facts giving rise to these appeals are as follows:

(3.) It is the case of the appellant, that prior to 5/10/2006, she was working as 'Medical Practitioner' with Charitable Trust - Bhauji Daftari Smarak Trust at Mahal, Nagpur. As far as the allegations of cruelty is concerned, according to the appellant, the family members of the respondent compelled her to do all household work alone. They did not engage maid/servant. The household work of washing utensils, clothes, sweeping and mopping was below the dignity and status of the appellant, being a Medical Practitioner. The family members of the respondent used to continuously criticize and taunt the appellant inasmuch as the marriage between the appellant and respondent was inter-caste marriage. The appellant was subjected to insult and humiliation by the respondent and his family members. The grievance made by the appellant to the respondent, about her miseries and agonies, fell on deaf ear. On the contrary, the respondent told her that due to their inter caste marriage, they were unable to find a suitable match for his sister. The appellant would, therefore, be required to tolerate and bear with the situation. The appellant was conceived in JanuaryFebruary, 2007. It is the case of the appellant that during her first pregnancy, she was tortured and humiliated. During this period of her pregnancy she was subjected to insurmountable cruelty. It is stated that due to the stress and depression, there was miscarriage. On 25/6/2007, the family members came to know that it was a male fetus. Therefore, the harassment and cruelty was increased. They blamed the appellant for the miscarriage. They told her that the father of the respondent-Nitin, who expired on 25/12/2000 was destined to take rebirth in the family. The respondent and his family members cursed the appellant for denying them an opportunity of company of the father of the respondent on re-birth. However, the medical check up revealed that the abortion was caused due to the 'Rubella infection'. It is stated that they blamed the appellant for murdering the father of Nitin. The appellant, therefore, underwent serious mental torture, stress and trauma. It is stated that the cruelty was meted out to her for no fault on her part.