BHAWNA SAKHARE Vs. VIJAYKUMAR SAKHARE

JUDGEMENT

(1.) By this appeal the appellant challenges the judgment passed by the Family Court, Nagpur on 02.07.2008 in Hindu Marriage Petition No.A324/ 2006, granting a decree of divorce in favour of the respondent-husband, thereby dissolving the marriage between the appellant-wife and the respondent-husband.

(2.) Few facts giving rise to the appeal are stated thus :

(3.) It is pleaded that after the solemnization of the marriage, the appellant conceived but was advised by the doctors to abort the foetus as at the relevant time the appellant was taking steroids for curing her other ailments, like the leg injury. However, the appellant declined to abort the foetus and created a scene. On the said issue, the appellant's father also abused the respondent and insulted him. At the relevant time when the tests were conducted on the appellant, the respondent became aware that the appellant was a patient of Sickle Cell Trait, a genetic disorder. Since such a disorder, as per the opinion of the medical experts could be transmitted to the progeny, according to the respondent, it was necessary for the appellant and all her family members to have disclosed about the disorder to the respondent. However, the said fact was concealed from the respondent. It is pleaded that the appellant quarrelled with the respondent and his parents almost every fortnight on petty grounds and without any valid reasons. The respondent was required to remain away from home continuously for a period of 14 days at the sites on which he was working and whenever the respondent used to come to Nagpur, he was welcomed with quarrels and complaints. The respondent stated that the appellant was nonoperative, quarrelsome, short tempered and self centered. It is pleaded that an amount of Rs. 15,000.00 was paid to the father of the appellant at the time of marriage just to give him a helping hand. Though the respondent had not asked for dowry and had equally spent for the marriage ceremony, the appellant levelled false allegations that the respondent and his parents had demanded dowry. It is pleaded that the appellant threatened to initiate proceedings against the respondent under Sec. 498A of the Indian Penal Code on false allegations of illtreatment and harassment by the respondent, his parents and sisters.