MEENA DINESH PARMAR Vs. DINESH HASTIMAL PARMAR

JUDGEMENT

(1.) This appeal has been filed by the appellant Mrs. Meena Dinesh Parmar (hereinafter referred to as "wife") against the respondent dinesh Hastimal Parmar (hereinafter referred to as "husband") seeking to quash and set aside the Judgment and order passed by the Judge, Family Court, Pune on 26-2-2001 in Petition No. A-354 of 2000 and Petition No. E/810/1998. Petition no. A/354/2000 is a petition filed by the husband for grant of divorce on the ground of cruelty and desertion under section 13 (l) (ia) and (ib) of the Hindu marriage Act, 1955. The Petition No. E-810/1998 was filed by the wife claiming maintenance under section 125 of the Code of Criminal Procedure, 1973. By the impugned Judgment and order the Judge, Family Court granted dissolution of marriage by decree of divorce on both the grounds and granted Rs. 500/- per month as maintenance to a son Bhushan who was born out of the marriage, while rejecting the claim of the wife for grant of maintenance.

(2.) The case of the husband as made out in his petition filed in the Family court was as under :

(3.) On 8-10-2000, the wife filed her written statement. In the written statement she denied the allegations made by the husband. She also came out with a positive case that her parents had given 33 tolas of gold ornaments and 4 Kg. of silver ornaments to her on the demand made by her husband. That her parents had spent four to five lacs at the time of the marriage. That, after the marriage the husband and his family members had asked money from time to time from her parents and therefore, her parents were constrained to sell their flat for fulfilling the demand of her husband and her family members. She was harassed, and ill-treated by the petitioner and his family members. Her husband tried to compel her to give a divorce in writing on stamp paper. Her parents were not in a position to fulfil such exorbitant and continuous demands because they were not financially sound. That, she was never provided with medical aid during her pregnancy and therefore, she became weak. That, as a result of such harassment she had to return to her parents house at Borivali. Since her husband and his family members continued to harass her, her parents sent her to Pune for her safety. At Pune she delivered her child and since she was very weak she was admitted in Meera Hospital where she took treatment for 2 months. That, her husband neither performed his duty as her husband or as father of the child nor had he visited her after her delivery. That, her husband was making false allegations against her for adultery. That, her maternal uncle was a respectable person in society and was just like her father to her. He had brought up her just like a daughter. That, these allegations made by her husband against her and her maternal uncle amounted to cruelty to her and her maternal uncle. She denied that she had made any demand for a separate residence and denied that she had caused any mental and physical torture by denying physical relations to her husband.