MADHUSUDAN DHONDU PARKAR Vs. VANDANA MADHUSUDAN PARKAR

JUDGEMENT

(1.) THIS appeal is directed against the dismissal of a Matrimonial Petition filed by the husband for a decree of divorce and in the alternative a decree for judicial separation on the ground of cruelty.

(2.) IN order to appreciate the controversy between the parties, few admitted facts need to be stated first:--The marriage between the appellant Madhusudan and the respondent Vandana was an arranged marriage and it took place on May 13, 1979 at Bombay as per Hindu vedic rites and thereafter they made their matrimonial home in a one room tenement in a building known as "anand" at Dadar. The said room belongs to the appellant's maternal aunt Muktabai. Out of this wedlock, a male child, Sachin, was born on November 19, 1980.

(3.) THE present petition was filed by the appellant in the Family Court, Bombay on August 4, 1989 alleging several acts of cruelty on the part of the respondent, more particularly narrated in paragraph 14 of the petition. The appellant alleged that the respondent is of extremely quarrelsome nature and has been constantly illtreating the appellant and his aunt Muktabai. She has caused separation between the appellant and Muktabai who, according to the appellant, is like his own mother. The respondent has neglected to take care of Muktabai when she had a fall and had sustained injury to spinal cord in April, 1988. The respondent has also neglected their minor son Sachin during his illness. The respondent has lodged false complaints to the police and on the basis of one such complaint on March 5, 1989, one police constable took the appellant and Muktabai to the Police Station and had physically assaulted them. The appellant has also claimed a mandatory injunction against the respondent to vacate the room of Muktabai. He has lastly prayed for custody of Sachin and a sum of Rs. 300/- per month for Sachin's maintenance.