KALPANA Vs. GORAKHNATH GOVINDA DHONE

JUDGEMENT

(1.) THE family Court appeal is ADMITTED and heard finally at the stage of admission as the appellant -Wife has only sought a remand of the matter to the Family Court, Nagpur on the ground that the Family Court, Nagpur did not have jurisdiction to entertain the Hindu Marriage Petition filed by the respondent -Husband for a decree of divorce on the ground of cruelty and desertion.

(2.) THE marriage between the appellant -Wife and the respondent -Husband was solemnized on 12.07.1994 in Deulwadi Temple, District Kolhapur. The parties started residing in the matrimonial home at Belgaum. According to the husband, the wife was not ready to reside in the joint family and, therefore, there were quarrels between the parties. According to the husband, the wife abused the husband in filthy language, quarrelled with him and also assaulted him on some occasions. According to the husband, the husband told the wife to change her behaviour but, she did not change her ways. The husband sought a transfer of his services from Belgaum to Nagpur and started residing in Nagpur in early 1990s. According to the husband, the wife never came to Nagpur to join the company of the husband despite several requests. The husband filed Hindu Marriage Petition No.A -192/2011 before the Principal Judge, Family Court, Nagpur for divorce on the ground of cruelty and desertion.

(3.) ON the pleadings of the parties, the Family Court framed the issues. The husband examined himself and since he was not cross -examined and the wife had also not entered into the witness box, the Family Court allowed the petition filed by the husband for grant of divorce on the ground of cruelty after holding that the husband had succeeded in proving his case in that regard. The judgment of the Family Court is challenged by the wife in this family Court appeal.