PASHANT Vs. YAMINI

JUDGEMENT

(1.) This is the husband's appeal under Section 19 of the Family Courts Act, 1984 (hereafter "Act of 1984", for short) challenging the judgment and decree dated 14/06/2017 passed by the Judge, Family Court - 4, Nagpur in Petition No.A-226/2009, thereby dismissed the husband's petition for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (hereafter "Act of 1955", for short) on the ground of cruelty. The facts leading to the filing of the present appeal may be stated as under :

(2.) The marriage of the appellant/ husband with the respondent/ wife was solemnized on 11/04/2006 at Nagpur. The couple is blessed with one son, viz., Samyak, born on 29/08/2007, who is presently in the custody of the respondent/ wife. After their marriage, the couple started residing in a rented house at Nagpur. The parents of the appellant/ husband were residing in their village. Both the parties are in the profession of teaching.

(3.) It is the grievance of the appellant/ husband that the respondent/ wife is of arrogant, whimsical and abnormal behavior. He was not informed that she was suffering from the disease Rheumatoid arthritis and hypothyroidism by her parents. The appellant/ husband has referred to three incidents which according to him caused mental cruelty to him. The first was happened during communal program at Deekshabhoomi, Nagpur. He has stated that when he was offering volunteer service of serving water to the visitors, the respondent/ wife insulted him in the presence of several people. The second incident occurred in Chandrapur at his sister's house, wherein the respondent/ wife insulted him in the presence of his sister and her in-laws. And the third one, on the next day, when they reached Nagpur and at late night, the respondent/ wife threw a showcase of their house and broke it completely due to her abnormal behavior.