RAJENDRA Vs. SOU. LEENA

JUDGEMENT

(1.) This appeal filed by the appellant-husband under Sec. 19 of the Family Courts Act, 1984 challenges the judgment of the Family Court, Amravati dismissing the Petition No. A-319/2009 filed by the appellant-husband seeking divorce.

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

(3.) The wife appeared and resisted the claim of the husband by filing written statement. Except the marriage and birth of two sons, she denied all the allegations of the husband. According to her, the husband wanted to perform second marriage. He always used to abuse, beat her and used to pass bad comments against her. The husband used to come home in drunken condition from his duty and due to instigation of his mother used to mercilessly beat her. Twice he tried to strangulate her. Due to the beating she suffered cut injury to her ear and she was required to take Doctor's treatment. Since then she developed a hearing problem. On 5/8/2009, at the time of 'Rakhi Pournima', husband had mercilessly beaten her and pressed her neck, at that time, father-in-law rescued her from the husband. The husband on false pretext without informing her used to take her to the Psychiatrist and used to force her to take medicines. She was not suffering from any ailment and she was mentally and physically fit. She was mother of two sons and she was taking proper care of them, however, as the husband wanted to perform another marriage, with a view to get rid of her, he was trying to brand her as a mental case. She further contended that the younger son Dewashish was staying with her and she was taking proper care of him. The elder son Rahul was staying with the husband and the husband was depriving Rahul from mother's love. She further averred that both the sons need love and affection of both the parents, considering their future, she was ready to go to the husband. When she was forced to go with her brother to the parents house, at that time the husband told her that within 15 days he would go and bring her back. She therefore prayed that the appeal filed by the husband may be dismissed.