SOU SANJEEVANI ANIL WADNERE Vs. ANIL MURLIDHAR WADNERE

JUDGEMENT

(1.) THIS is an appeal by the original respondent-wife taking exception to the judgment and decree passed against her, granting divorce to the petitioner-husband under section 13 of the Hindu Marriage Act.

(2.) THE appellant and the respondent herein would be usefully referred to hereafter as respectively the respondent and the petitioner. The petitioner who is a resident of Pune and Sanjeevani, the respondent who hails from Kalwa, District Thane came to be married on 29-6-1986. It was an arranged marriage. Out of the wedlock a child, the daughter by name Shalaka was born to them on 15-9-1987. Sanjeevani lived in the marital home till January, 1989. According to the petitioner, only a very short period was spent by them happily as husband and wife. For, soon after the marriage the respondent started picking up quarrels with him over triflings. He alleged that it was at her instance that he set up a separate establishment for himself and Sanjeevani in the Karve Nagar locality of Pune, leaving his parental home at Parvatigaon. Even the setting up of a separate establishment did not satisfy the respondent-wife. She kept picking up quarrels and making false complaints against his parents.

(3.) THE respondent had been suffering from fits since her childhood. At the time of settlement of the marriage, this fact was concealed from the petitioner and his parents. The petitioner had been thus deceived into giving his consent for marriage with the respondent. However, as a gentleman, having accepted the respondent as his wife, he bore patiently with her. He arranged for competent medical treatment for the wife. However, the medical opinion was that Sanjeevani would continue to suffer from the epileptic fits all through her life and would have to be kept constantly under treatment. This disease afflicted condition of Sanjeevani always kept the petitioner on the edge of anxiety, more so because she was not in a position to take care of even the infant Shalaka.