UMESH MANOHAR WAIDANDE Vs. TRUPTI UMESH WAIDANDE

JUDGEMENT

(1.) By way of this appeal, the appellant, who is husband of the respondent wife, has challenged the judgment and order of the Family Court, by which the Family Court, Thane, dismissed the petition filed by the appellant husband being Marriage Petition No.209 of 2006. The appellant husband filed the aforesaid Marriage Petition for getting decree for divorce on the ground of cruelty and desertion. It is the case of the appellant that his wife used to quarrel with him frequently in the presence of other family members and she was not parting with the salary which she is earning out of the employment, as he was having financial difficulties. The aforesaid behaviour of the wife i.e. insulting the husband and not parting salary in his favour, is treated to be a ground for cruelty, for which a Marriage Petition was filed. The other ground for divorce which was pressed into service was the ground of desertion.

(2.) The learned Judge of the Family Court after considering the evidence on record, came to the conclusion that there is absolutely no justification in dissolving the marriage. The Family Court negatived both the points regarding cruelty as well as desertion and dismissed the Marriage Petition filed by the appellant husband. The respondent wife has filed a counter claim regarding the restitution of conjugal rights. The said counter claim was allowed and decreed in favour of the respondent wife and the Family Court directed the appellant to join the respondent and render conjugal rights to her and also directed to pay maintenance @ Rs.5,000/ p.m., for the minor son till he resumes cohabitation.

(3.) The marriage between the appellant and respondent took place in the year 2001 and out of the said weklock, there is also a minor son who is 9 years of age. In so far as the ground about cruelty is concerned, it is required to be noted that except stating in the evidence that the respondent wife used to insult the husband, he has not given any cogent particulars about the nature of cruelty. In para No.4 of the affidavit in lieu of examination in chief, the appellant husband has stated that at the time of marriage, it was decided between both the parties that marriage expenses will be shared equally. He further stated that the sister of the respondent wife is having quarrelsome nature and she does not respect elders.