S Vs. D

JUDGEMENT

(1.) As this Judgment will be available on public domain, we have described the Appellant and Respondent as 'S' and 'D' respectively. The Appellant-husband has taken an exception to the judgment and decree dated 18th August, 2003 passed by the learned Judge of the Family Court, Pune, by which a petition for divorce filed by the Appellant and the counter-claim made by the Respondent wife for restitution of conjugal rights have been dismissed. We must note here that the earlier Division Bench had kept the Appeal in Chamber with a view to bring about amicable settlement between the Appellant and Respondent. However, as amicable settlement was not possible, on 20th August, 2013, the Appeal was directed to be placed on final hearing board. Accordingly, we have taken up the Appeal for final hearing. The Appellant husband applied for divorce on the ground of cruelty and desertion under clauses (ia) and (ib) of sub-section (1) of Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the said Act"). With a view to appreciate the submissions made across the bar, it will be necessary to make a brief reference to the factual aspects of the case.

(2.) The marriage between the Appellant and the Respondent was solemnized on 4th December, 1994 according to Hindu Vedic Rites. A female child was born on 24th November, 1995 from the wedlock.

(3.) In support of the plea of cruelty, various allegations have been made by the Appellant. The allegations start from the very day of marriage. It is contended that on the day of marriage, the parties went to Shegaon to pay obeisance to Saint Gajanan Maharaj. It is alleged that the Respondent wife refused to visit the temple. It is alleged that for a period of 6 months from the marriage, the Respondent cohabited properly. The allegations are made in the petition by the Appellant that thereafter, the Respondent started becoming obstinate. She did not attend to the domestic work properly. It is alleged that she insulted the Appellant's parents and brother. It is alleged that on two occasions, the Respondent threw away her Mangalsutra towards the Appellant by stating that she did not want his bondage and wanted to return to her father. It is alleged that in June 1995, the Respondent proceeded to her parent's home for the purpose of delivery. However, she did not resume cohabitation for a period of one year. It is alleged that without consulting the Appellant or his parents, the Respondent and her parents scheduled the naming ceremony of the girl child on 21st December, 1995 and gave intimation of the same to the Appellant only two days prior to the said date. It is alleged that the Appellant visited the house of the Respondent's parents to bring her back. It is alleged that the Respondent insulted the Appellant at the time of visit. It is alleged that the parties resumed cohabitation, but the behavior of the Respondent did not improve. She started insisting that the Appellant should make an arrangement for their separate residence. The averments have been made in the petition as regards the conduct of the Respondent in relation to marriage of the Respondent's cousin. There is an allegation made in the petition that the Respondent always used to tell the Appellant that she should be sent back to her parent's home. It is alleged that in March, 1998, the Respondent beat minor daughter by a stick who is only two years of age at that time. It is alleged that Respondent has made false allegations against the Appellant and his parents, therefore, the Appellant was compelled to send a message to Respondent's father and call Respondent's father to Pune where the parties were cohabiting. It is alleged that Respondent's father decided to take the Respondent with him but the Appellant resisted. Due to resistance, the Respondent's father filed a complaint with Shramik Manila Sanstha as well as Hadapsar Police outpost. The Respondent's father alleged in the complaint that the Appellant may cause danger to the life of the Respondent. It is alleged that Respondent's parents took Respondent with them on 2nd April, 1998. On 7th April, 1998, the Appellant issued a notice through his Advocate to the Respondent calling upon her to resume cohabitation. The notice was replied on 29th April, 1998 contending therein that she apprehended danger to her life and on that ground, she declined to resume cohabitation. The Respondent filed an application under Section 125 of the Code of Criminal Procedure, 1973 (hereinafter referred to as "the said Act") in the Court of Judicial Magistrate, First Class, Buldhana, in which order of maintenance was passed. It is stated by the Appellant that he filed marriage petition No. 458 of 1998 praying for the relief for restitution of conjugal rights. It is the case of the Appellant that as the Respondent did not resume cohabitation, on 16th March, 2001, the said petition was withdrawn by him. It is alleged that on 15th February, 2001, the Respondent addressed a letter to the Appellant's father. It is alleged that very objectionable language was used by the Respondent in the said letter about the Appellant's elder brother and his wife. It is alleged that on 15th March, 2001, the Respondent made a phone call to the father of the Appellant and abused him. As stated earlier, the Appellant filed a petition for divorce both on the grounds of cruelty and desertion. The petition was lodged on 7th April, 2001.