RESHMA RAKESH KADAM Vs. RAKESH VIJAY KADAM

JUDGEMENT

(1.) THE appellant has preferred this appeal against the common Judgment & Order dated 30.08.2012 passed by the Judge, Family Court at Bandra, Mumbai in Petition No. A -1525 of 2008 and Petition No. A -1192 of 2008. Petition No. A -1192 of 2008 was filed by the respondent -husband for decree of divorce on the ground of cruelty and desertion. The appellant -wife had filed Petition No. A -1525 of 2008 against the respondent -husband for decree of restitution of conjugal rights. By the said Judgment and Order, Petition No. A -1192 of 2008 filed by the respondent -husband came to be decreed and the marriage between the appellant and the respondent came to be dissolved by decree of divorce on the ground of cruelty. By the said Judgment and Order, Petition No. A -1525 of 2008 filed by the appellant -wife for restitution of conjugal rights was dismissed. Hereinafter, for the sake of convenience, the appellant will be referred as 'wife' and the respondent will be referred as 'husband'. Some of the admitted facts are that the appellant and the respondent got married on 26.12.2005 according to Hindu rites and rituals. There is no issue born out of the said wedlock. The appellant -wife was residing with the respondent -husband in his joint family till November -December 2007. According to the husband, the wife left the house on 07.11.2007 whereas according to the wife, she was compelled to leave the matrimonial house on 06.12.2007 and not on 07.11.2007. It may be stated at this stage that though the husband had filed petition for divorce on the ground of cruelty and desertion, his petition for divorce was allowed only on the ground of cruelty. As far as the ground of desertion was concerned, the Family Court observed that as per the case of the husband, the wife left the matrimonial home on 07.11.2007 and the petition for divorce was filed on 15.05.2008 i.e. within a period of about six and half months from the date of separation, therefore, the pre -requisite condition of two years to get the decree of divorce on the ground of desertion is not satisfied.

(2.) THE husband has given several instances of cruelty caused by the wife to him. In his affidavit by way of examination in chief filed at Exh. 18, he has specifically deposed about the instance dated 31.12.2005 which took place soon after their marriage. He has stated that there was dinner programme arranged at his residence for relatives. His wife did not speak to anybody and remained aloof. During the dinner programme, wife's mobile was misplaced and she created big hue and cry as she did not get the mobile and thereafter, she alleged that some of his relatives had stolen her mobile. It is pertinent to note that the wife in her written statement Exh. 11 has admitted that on 31.12.2005, there was a dinner at the residence of her husband and her mobile was stolen by someone during the dinner programme. Therefore, it can be safely inferred that the instance of stealing of mobile did occur on 31.12.2005. If we look into cross -examination of husband i.e. Ex. 18, then the facts deposed on oath by husband in respect of incident dated 31.12.2005 were not at all challenged in the cross -examination.

(3.) THE third instance of cruelty stated by the husband is that the wife started harassing him for separate accommodation though before the marriage, she had agreed to stay in joint family and it was made clear to her that she would have to reside in a joint family, yet she picked up quarrels on the issue of separate accommodation. The husband has further stated that the wife was not paying attention towards household work and she used to avoid it on one pretext or the other. She used to remain out of the house even on Sundays. The husband has further stated that his wife used to tell him that she was not interested in getting married with him and as such she did not like him and she had married him against her wish. His wife threatened him to commit suicide either by jumping before train or consuming sleeping pills and on one of the occasions, she also tried to consume sleeping pills in front of the members of his family. She also abused them at that time. This entire evidence remained unchallenged.