VASANT Vs. PUSHPA

JUDGEMENT

(1.) BY this Family Court Appeal, the appellant -husband challenges the judgment of the Family Court, Nagpur, dismissing the Hindu Marriage Petition bearing No. A -172 of 1997, filed by the appellant -husband for a decree of divorce on the ground of cruelty.

(2.) THE appellant -husband had filed a Hindu Marriage Petition under Section 13(1)(ia) of the Hindu Marriage Act for a decree of divorce. The marriage between the parties was solemnized on 17/05/1981 at Dhapewada. Two sons and a daughter are born from the wedlock. It is pleaded by the husband in the Hindu Marriage Petition that after the marriage, the parties resided at Nagpur for about two months and thereafter they lived at Mahurzari for about seven years. It is pleaded that during the stay of the wife at Mahurzari, she did not behave properly with the husband and picked up quarrel without any rhyme or reason. It is pleaded that the wife threatened the husband that she would implicate the husband and his relatives in false criminal cases. It is pleaded that the wife was very obstinate and she did not wish to improve her behaviour towards the husband. After leaving Mahurzari, according to the husband, the parties resided at Kalmeshwar for about five years. It is pleaded that the husband was serving as a teacher in the Zilla Parishad Primary School at Bramhanwada. It is pleaded that the husband was required to leave the house at 8.10 a.m. in the morning and returned home after attending his duties at 7.00 p.m., as Bramhanwada is at a distance of 16 kilometers from Kalmeshwar. It is pleaded that the wife was leading an adulterous life with Shri Anil Sangode, who was serving as a Gram Sewak when the parties were residing at Kalmeshwar. It is pleaded that Shri Anil Sangode was residing as a tenant in one of the rooms of the house of the husband. It is pleaded that on 25/07/1994 when the husband returned to his house, he saw his son Dattu weeping and when questioned, Dattu narrated that his mother is leading an adulterous life with Shri Anil Sangode. It is pleaded that the husband did not believe the statement made by his son Dattu, but after making enquiry from his neighbours, the husband became aware that his wife was living an adulterous life. It is pleaded that the husband and his children had to suffer great mental trauma because of the behaviour of the wife. It is pleaded that the husband had to leave Kalmeshwar in view of the aforesaid incident. It is pleaded that the husband and the wife resided at Nagpur in Wardhaman Nagar for about two years after they left Kalmeshwar. It is pleaded that after two years of residence at Wardhaman Nagar, the parties started residing at Deshpande Layout. It is pleaded that the husband informed the parents of the wife about the cruelty inflicted by her and hence, in the month of February, 1996 in the presence of her parents, the wife admitted in writing in the office of Advocate Shri Sonare that she was misbehaving with the husband. It is stated that the wife had admitted in the said document executed in the presence of her parents and several other respectable persons of the locality that she had threatened the husband that she would implicate him and his relatives in false criminal cases. It is pleaded that the wife has admitted in the said document that she had attempted to commit suicide by pouring kerosene on herself and that she would mend her ways and behave properly. It is pleaded that the wife started residing with the husband after the said compromise, however, immediately thereafter, she used to pick up quarrel with the husband and threaten him. It is pleaded that after the wife started residing with her husband in the year 1997, it was learnt by the husband from his daughter that the wife had brought some poisonous substance in the house which she would have administered to the husband. It is pleaded that his wife and the wife and the daughter of the landlord assaulted the sons of the petitioner with chappal and threatened to kill them. It is pleaded that the husband was compelled to live separately since then. The husband sought a decree of divorce on the ground of cruelty.

(3.) THE husband examined himself and also examined his son Dattu, his daughter Vaishali and his next door neighbour Shri Rambhau Mirashe to prove his case. The wife examined herself and closed the evidence on her side. On an appreciation of the evidence on record, the Family Court, by the judgment, dated 04/10/2005, dismissed the petition filed by the husband. The Family Court held that the husband had failed to prove that the wife had treated the husband with cruelty. The judgment of the Family Court is challenged by the husband by this Family Court Appeal.