HEMA Vs. MATRISHVA

JUDGEMENT

(1.) BY this Family Court Appeal, the appellant -Wife challenges the judgment of the Family Court, Nagpur dated 14.12.2001 allowing a Hindu Marriage Petition filed by the respondent -Husband for a decree of divorce on the ground of cruelty and dissolving the marriage solemnized between the parties on 18.11.1994. By the said judgment, the Family Court dismissed the petition filed by the respondent -Husband for the custody of his son.

(2.) THE respondent -Husband (hereinafter referred to as "'the husband"') and the appellant -Wife (hereinafter referred to as "'the wife"') were married at Nagpur according to Hindu rites and customs. The husband is a Brahmin by caste and the wife was a Buddhist. Both, the husband and the wife, were taking education in the Dental College at Nagpur. The parties were in love with each other and, therefore, decided to get married. Initially, there was an opposition from the parents of the respective parties for the marriage but, subsequently, the parents consented and the marriage was solemnized on 18.11.1994.

(3.) THE wife filed the written statement and denied the claim of the husband. The wife denied all the adverse allegations levelled by the husband against her. The wife pleaded that the husband was desirous of seeking a divorce as he was involved in an intimate relationship with Ms Sonali Ganorkar, who was working as his Assistant in a hospital at Amravati, where the husband visited two days during every week. It is pleaded that Ms Sonali Ganorkar was the only daughter to her parents and the father of Ms Sonali was an advocate. It is stated that Ms Sonali used to make regular calls to the husband on his Pager and he also made calls to Ms Sonali regularly. It is pleaded that on the Valentine's Day, Ms Sonali sent a message to the husband on his Pager, between 8.00 to 9.00 a.m., and the husband rushed to the telephone booth to make a phone call to her. It is pleaded that when the wife enquired in the office of the Pager company, she was shocked to learn that Ms Sonali had sent a message to the husband on his Pager that he should contact her immediately on the two landline numbers, mentioned in the message. It is pleaded that the landline numbers were the numbers of the telephone in the residence of Ms Sonali. It is pleaded that when the wife checked the purse of the husband on his birthday on 13.06.1998, she found a receipt in the name of Sonali Matrishva Kashyap which showed that the husband and Sonali had performed Abhishek at Ganapati Temple, Tekdi, Sitabuldi, Nagpur. It is pleaded that on one occasion, the wife made a telephone call to the father of Ms Sonali, requesting him to advice Ms Sonali not to continue her relationship with the husband. It is pleaded that after the father of Ms Sonali looked into the matter, Ms Sonali left the job in the Dental Hospital but, the affair between the husband and Ms Sonali continued. It is pleaded that Ms Sonali was unmarried and with a view to marry her, the husband has filed the petition seeking a divorce from the wife. It is pleaded that the wife had made various sacrifices in her life and was rearing her two children. It is pleaded that the fact of the illicit intimacy between the husband and Ms Sonali was known to everybody concerned including the relatives, friends, colleagues, etc. The wife pleaded that the parties were residing together as husband and wife and the petition filed by the husband for a decree of divorce should be dismissed.