MAHADEO Vs. GAURI AND ORS.

JUDGEMENT

(1.) BY this Family Court Appeal, the appellant -husband challenges the judgment of the Family Court, Nagpur dated 6.12.2006, dismissing the Hindu Marriage Petition filed by the appellant -husband for a decree of divorce and allowing the petition filed by the respondent -wife for grant of maintenance and directing the appellant -husband to pay a sum of Rs. 1,500/ - per month to the respondent -wife towards maintenance.

(2.) THE marriage between the appellant -husband and the respondent -wife was solemnized at Reshimbagh, Nagpur on 19.5.2002 according to the Hindu rites and customs [The parties are hereinafter referred to as the 'husband' and the 'wife' for the sake of convenience]. The husband and the wife started residing in the matrimonial home along with the old parents of the husband. The brother of the husband was residing in the adjacent block along with his wife and children. In the petition filed by the husband for a decree of divorce on the ground of cruelty, it is pleaded that the wife behaved badly with the husband and his parents, since the inception of the marriage on flimsy grounds. It is pleaded that the wife used to visit her parental home without any rhyme and reason and without intimating the husband or his parents. It is pleaded that though the husband and his parents did not have any objection to the wife's visiting her parental home, they desired that the wife should at least inform them before leaving the house. It is pleaded that the wife used to lend a deaf ear to the request made by the husband and his parents in this regard. It is pleaded that the father of the husband was suffering from heart disease and the Doctor had specifically advised that there should be no tension and quarrels as that would result in the deterioration of his health. It is stated that the husband believed that the wife would mend her ways after the child was born, but despite the birth of the male child on 25.02.2003, the wife did not change her behaviour. It is pleaded that the wife secured employment in Hindi Prathmik Shala and after her working hours, she used to directly go to her parental home without informing the husband or his family members. The husband pleaded that whenever the father of the husband tried to impress upon the wife that she should behave properly, the wife created a scene by shouting at him and her mother -in -law. It is pleaded that the wife used to shout on petty issues at the father -in -law, though he was suffering from heart ailment. It is pleaded that the wife quarreled with the father -in -law at the top of her voice, as a result of which, the father -in -law instantaneously died during the quarrel. It is pleaded that at the time of funeral of the father of the husband, the wife quarreled with her sister -in -law on petty issue of throwing the garbage in a water drum. It is pleaded that the wife resided in the matrimonial home till 11.8.2004 and after that she started residing in her parental home, never to return till the second week of October, 2004 with her mother and brother only to carry her belongings. It is stated that after the wife left the matrimonial home, she went to the Police Station to lodge a false report against the respondent and his family members. It is pleaded that the police made an inquiry and did not find any substance in the allegations of the wife and hence a F.I.R. was not registered. It is pleaded that the parties were referred to the Women Cell and the aforesaid incident shows that the wife wanted to falsely implicate the husband and his family members in a criminal case. The husband sought a decree of divorce on the ground of cruelty.

(3.) ON the aforesaid pleadings of the parties, the family court framed the issues. The husband examined himself and also examined his next door neighbour Shri Sanjay Bhosale. The wife examined herself and also examined Shri Shaikh Iqbal Shaikh Najim, who resided in the neighbourhood of her parental home. On an appreciation of the evidence of record, the family court dismissed the Hindu Marriage Petition filed by the husband for a decree of divorce on the ground of cruelty by the wife. The family court found that the husband had treated the wife with cruelty. The family court allowed the petition filed by the wife for grant of maintenance and directed the husband to pay a sum of Rs. 1,500/ - per month to the wife towards the maintenance.