SOU RUTA SANJAY KARKHANIS Vs. SANJAY SURENDRA KARKHANIS

JUDGEMENT

(1.) BY this Appeal, the wife has challenged the decree passed by the Family Court, Pune, granting decree for judicial separation in favour of the husband-respondent by exercising jurisdiction under Section 13-A of the Hindu Marriage Act, 1955 (hereafter called the Hindu marriage Act) instead of decree of divorce on the ground of desertion. The parties hereafter shall be referred to as wife and husband.

(2.) A few facts are as follows : the marriage between the parties took place as per the Hindu Vedic Rites on 8-12-1985. A male issue was born to them on 12. 2. 87. The father of the wife filed a complaint with the police on 2-5-87 alleging that the husband and his parents were ill-treating the wife and she was confined to the matrimonial house. Because of the said complaint, the police took both husband and wife and the parents of the husband to the Police Station. In the Police Station, the wife made a statement that there was no ill-treatment to her and she wants to continue with the co-habitation. However she wanted to go to her parents' place for considering whether she should serve or not. Hence, she went to her parents' place on 2-5-87. The husband issued a notice through Advocate dated 26. 9. 87 inter alia alleging that the wife was not co-operative. She was arrogant and insulting his parents. She was hysteric and tie asked for divorce by mutual consent. It was stated that she was not prepared to cohabit properly and, therefore, it was necessary that the marriage tie should come to an end. The wife sent a reply dated 31. 10 87 through Advocate. She not only denied the various allegations made in the notice but she has further stated that she was prepared to reside or cohabit in the matrimonial house. She denied that she was not doing the domestic work or quarrelsome or that she was suffering from hysterical attacks or shouting at the top of her voice.

(3.) THE husband first filed the petition seeking decree of divorce alleging cruelty on the parts of the wife. He sought decree under Section 13 (1) (ia) of the Hindu Marriage Act. The said petition was bearing No. 371 of 1989 and was filed on 1. 2. 1988. In the said petition, the husband made allegations that the wife was quarreling on petty grounds. She was not respecting elderly persons and was behaving arrogantly. She left the matrimonial house without his consent as the husband refused to comply with her demand to stay separately from his old parents. She was loosening her heir and rolling on the ground. She was suffering from hysteria even prior to the marriage and that she was only interested in serving and not in the household.