UTTARA PRAVEEN THOOL Vs. PRAVEEN

JUDGEMENT

(1.) THE appellant - wife has preferred the present appeal under Section 19 of the Family Courts Act 1984 being aggrieved by the judgment dated 8 -6 -1998 passed by the learned Judge, Family Court, Nagpur whereby the petition filed by the respondent - husband for grant of divorce has been allowed. Herein after the wife will be referred to as the appellant and the husband will be referred to as the respondent.

(2.) THE marriage between the parties was solemnized on 2 -12 -1992. Out of said wedlock, the appellant gave birth to a son on 27 -8 -1993. According to the respondent, after the birth of said child the appellant did not return to her matrimonial home for no justifiable reason. Hence, on 22 -12 -1994, the respondent preferred Hindu Marriage Petition under Section 9 of the Hindu Marriage Act 1955 (hereinafter refer to as the said Act) bearing No.364 of 1994 for restitution of conjugal rights. During pendency of said proceedings, the respondent amended his pleadings and in the alternate sought a decree for divorce on the ground of mental cruelty on the basis of desertion by the appellant. The parties went to trial and on the basis of the material on record, the Family Court, Nagpur by judgment dated 8 -6 -1998 was pleased to allow the petition filed by the respondent and thereby passed a decree of divorce on the ground of cruelty.

(3.) THE appellant filed her written statement below Exh.14. She denied the averments made in the petition filed by the respondent. According to the appellant, the respondent used to treat her cruelly and keep her without food for 2 to 3 days. The respondent used to beat her and abuse her. It was further pleaded that in July, 1993, the respondent had called the appellant's mother and had demanded Rs.4,000/ - from her and threatened that if said demand was not met, the mother should take back her daughter. It is stated that on 17/18 -8 -1993, despite intervention of Panchas, the respondent did not listen to them due to which the appellant was forced to return to her father's home. Despite a message being given about the birth of a child, the respondent did not accept the sweets that were sent in that regard. The respondent did not attend the ceremony that was held for naming the child. Ultimately, on 23 -12 -1993 though the appellant had returned to the respondent's house along with their child, the appellant was not permitted to enter the house in the presence of various persons. It was further pleaded that on 2 -3 -1994, the appellant had filed proceedings for grant of maintenance under Section 125 of the Code of Criminal Procedure and with a view to defeat the appellant's right, the present proceedings for restitution of conjugal rights was filed. The appellant, therefore, prayed for dismissal of the proceedings.