PRAJAKTA Vs. ABHAY

JUDGEMENT

(1.) THE family court appeal is admitted and heard finally with the consent of the learned counsel for the parties after perusal of the record and proceedings.

(2.) BY this family court appeal, the appellant -wife challenges the judgment of the Family Court, Nagpur, dated 12 -8 -2013 allowing the petition filed by the respondent -husband for dissolution of the marriage under Section 13(1)(i -a) of the Hindu Marriage Act, 1955.

(3.) THE wife filed the written statement and denied the case of the husband. The wife pleaded that on 12 -2 -2009, she was driven out of the matrimonial home by the husband. The wife denied that she had treated the husband with cruelty. All the adverse allegations made by the husband against the wife were denied by her. The wife pleaded in the specific pleadings that the husband and his parents had forcibly terminated her pregnancy. It is pleaded that though the wife wanted to retain the pregnancy, the husband and his mother selected Dr. Mulik's Hospital, as they had family relations with Dr. Mulik. The wife pleaded that the sister of the husband had divorced her first husband and had re -married in the year 2007. The wife pleaded that the husband was acting under the dictates of his mother. The wife pleaded that "HMV" applies to His Master's Voice and His Master's Voice in this case would be the voice of the mother of the husband. The wife pleaded that the husband's parents were dissatisfied with the articles presented to them at the time of the marriage. It is further pleaded that there was a demand of dowry by the husband and his mother, and since dowry was not paid, there were always quarrels. The wife pleaded that she was driven out of the matrimonial home and she did not leave the company of the husband. The wife sought for the dismissal of the petition filed by the husband.