JAYA VIJAY WAVIKAR Vs. VIJAY

JUDGEMENT

(1.) Heard. This appeal is directed against the judgment and order passed by Family Court No. 1, Pune dated 7.1.2004. The impugned judgment and order was passed by the Family Court No. 1, Pune on 7.1.2004 thereby deciding both the petitions. The first Petition A. No. 766/2002 was preferred by the present respondent/husband for divorce under section 10(1)(ix) of the Divorce Act, 1869 and the second Petition E. No. 220/2002 was preferred by the present appellants (wife and her two minor children) for grant of maintenance under Section 125 of Cr.P.C. The following order was passed disposing off both the said Petitions:

(2.) The appellant no. 1 and the respondent got married on 17.05.1989 at Oldham Memorial Methodist Church, East, Pune -1. It was an arranged marriage. Both the appellant No. 1 and the respondent were in service and continue to be in service. The appellant No. 1 wife was working as postal clerk while the respondent husband was working as mechanic in Central Railway, posted at Pune. At the relevant time the wife was drawing salary of Rs. 5,000/- per month and husband was drawing salary of Rs. 8,000/- per month. Two children were born from this wedlock, viz. Snehal and Ashish. The grievance of the husband was that now and then wife used to go to maternal home. She neglected to perform her duties as a wife. She never bothered to take care of the family affairs and matters and eventually deserted him from 19.11.1997. It is contended that thereafter wife never bothered to either resume cohabitation with the husband nor showed any inclination to resume cohabitation with him.

(3.) The appellant wife Filed reply to the said petition and controverted the allegations levelled against her. According to wife she was ill treated by her husband. She tolerated him for some time due to children. There was no improvement in the husband's behaviour and character and therefore she had to leave the matrimonial home on 19.11.1997. At the same time it was contended that she was willing to go back to her husband if he undertakes to treat her properly.