KALPANA SHRIPATI RAO Vs. SHRIPATI V RAO

JUDGEMENT

(1.) This is an appeal by the wife against the judgment and order passed by the Judge, City Civil Court, Bombay in M.J. Petition No. 107 of 1979 for judicial separation under section 10 of the Hindu Marriage Act, which was dismissed.

(2.) A marriage was celebrated on 28th February, 1966 and there were two children, one born on 28th October, 1966 and the other on 20th September, 1968. The petitioner-wifes complaint against her husband-respondent was that her husband was suspicious of her, used to pick up quarrels on and off on minor trifle matters. Besides, he used to dominate her saying that he would not allow her to even have relations with any female outsiders. He used to look at her activities with suspicion. She then refers to an incident of the year 1971, when one Jadhav had come to her house and stopped there because it was raining. He was allowed to sit there. After sometime the husband-respondent came to the house, scolded her, and asked Jadhav to get out, abused her and also assaulted her. The husband also, according to her, suspected her of having friendship with one Lalji Mistry, who was her brothers family friend. Respondent used to make wild allegations against the petitioner that she was having intimacy and illicit relations with Lalji Mistry. He started making these allegations in the presence of everybody and called the petitioner of easy virtue. In 1976 while she was walking on the Cadel Road, she accidentally met Lalji and both were involved in an accident of motor car which had run them over. She was removed to the hospital and was in hospital. After her discharge from the hospital, she went and stayed at her mothers place and after some time came back to the matrimonial house. The respondent, however, continued to tease her and inflict mental agony on the petitioner by alleging that she was having intimacy and illicit relations with said Lalji. This went on till about March 1978.

(3.) In March 1978 the petitioner had gone for a function to her parents place. That at that time the respondent came later, assaulted her and cast serious aspersions against the character of the petitioner. As she suggested the returning of the loan taken by the respondent from her brother, respondent took away from her the keys of the house and prohibited her from coming to his house, as he wanted no relations with the petitioner. The parties thus are staying separately from March 1978. Nevertheless, it is the contention of the petitioner that she used to receive threats of physical violence and of acid throwing by the respondent against her. She lodged a complaint at Mahim Police Station in April 1978. In August 1978 a notice was served upon the petitioner to which she replied on 31st August, 1978. The further reply to that reply was sent by the respondent-husband. It thereafter that in January 1979 the petitioner filed this petition on the ground of cruelty, on threats of physical violence by respondent to her and on that account the life of the petitioner had become miserable and impossible to continue with the husband. The two daughters who were living with her after the parties were separated, according to the petitioner, were taken away by the respondent. She sued, therefore, for divorce under section 13 of the Hindu Marriage Act and also for the custody of the two minor children born out of the marriage.