A Vs. H

JUDGEMENT

(1.) THIS is an appeal preferred by the appellant wife from the judgment and order of the Family Court, Pune, granting divorce to the respondent husband. This appeal raises an important question, viz. , whether a petitioner in support of his case can rely on allegations made by a respondent in her written statement, for the first time the same being made after the filing of a petition.

(2.) THE trial Court has granted the respondent husband's petition for divorce on the ground that the appellant had treated respondent with cruelty. Further, the trial court has held that there was no ground for refusing the decree in view of the fact that the marriage was completely broken down. Mrs. Katdare, learned counsel for the appellant, has assailed the impugned decision on the ground that respondent had failed to prove his case and, therefore, the judgment of the trial Court should be set aside. Mr. Joshi, learned counsel for the respondent, has supported the impugned judgment. Before considering the submissions of the counsel, it would be useful to refer to a few relevant facts.

(3.) THE appellant is a Professor in a college and the respondent is a writer. The parties, both Hindus, were married on 18/05/1966, at Malvan, Pune, according to Hindu vedic rites and thereafter made their matrimonial home at Pune. They have two daughters; one is married and the other is unmarried. On 7th Sept. 1987, both the parties went to an advocate, Mrs. Supriya Servate, and signed some documents for obtaining divorce by mutual consent. During the night thereafter, the appellant attempted to commit suicide and was hospitalized up to 15th Sept. 1987 when she was discharged from the hospital. On 11th Sept. 1987, a complaint was filed by the appellant's brother, one Vasant Gadgil, under Section 498a of the Code of Criminal Procedure. On 17th Sept. 1987, a joint letter was addressed by the appellant and the respondent to their said advocate conveying their decision not to obtain divorce by mutual consent. On 21/01/1988, the criminal complaint filed as above was dropped. The present petition was filed by the respondent husband in February, 1989 in the Family Court, Pune.