VANDANA RAJESH MATE Vs. RAJESH

JUDGEMENT

(1.) The present appeals fled by the appellant wife under Section 19 of the Family Courts Act, 1984 challenge the common judgment passed by the Family Court, Nagpur in Petition No.A-365 of 2012 fled by the respondent husband for divorce. The appellant wife assailing the decision of the Family Court in Petition No.A-111 of 2013, thereby refusing her petition for restitution of conjugal rights and by fling Criminal Revision Application challenge the quantum of maintenance awarded by the Family Court in Petition No.E-382 of 2012. Since all these three decisions are given in a matrimonial dispute between the appellant and the respondent, they are being decided by this common judgment.

(2.) Petition No.A-365 of 2012.

(3.) The wife denied all the allegations by fling a written statement. She averred that she cohabited with the husband till 14.04.2012. Due to his adamant behavior, the husband created an unhealthy atmosphere. He was treating her just as a maid servant, although she was discharging her household duties. Because of this abnormal behavior, it became unsafe for her to live with him. Her health deteriorated due to the continuous ill treatment given to her by the husband and it gave her mental stress. She was never taken to the Doctor. The husband neglected her. The husband and his mother quarreled with the wife and threatened her with life and limb. Apprehending danger to her life, she had to leave the matrimonial home on 01.09.2011 and since then, she was living at the mercy of her parents. She claimed that she was ready to cohabit with the husband and his divorce petition be dismissed. Petition No.A-111 of 2013 The wife reiterated the above contentions in Petition No.A-111 of 2013 fled for restitution of conjugal rights and in Petition No.E-382 of 2012 fled for maintenance under Section 125 Code of Criminal Procedure, 1973. She further admitted in the maintenance petition that the husband used to beat her mercilessly. Whenever he used to go on tour for his business, he used to drop her at her parent's house. Due to threats of life, the wife apprehending danger to her life, was required to leave the matrimonial home. Since 14.04.2012, she was living with her parents. She further averred that the husband was two times Corporator of Nagpur Municipal Corporation and was having a Kerosene dealership and he also worked as a Contractor and earns Rs.75,000/- per month. She claimed that she was unable to earn and it was the husband's responsibility to maintain her. Hence, she demanded maintenance @ Rs.30,000/- per month.