LILESH Vs. VINOD RAMRICHPAL AGRAWAL

JUDGEMENT

(1.) By this family Court appeal, the appellantWife challenges the judgment of the Family Court, Nagpur dated 13.06.2012 allowing the Hindu Marriage Petition filed by the husband and dissolving the marriage solemnized between the parties on 10.07.1999, by a decree of divorce.

(2.) Few facts giving rise to the first appeal are stated thus The appellantWife and the respondentHusband were married at Nagpur according to Hindu Rites and rituals on 10.07.1999. The wife started residing in the matrimonial home in a joint family. According to the husband, the wife was continuously insisting for a separate residence and always forced the husband to purchase a separate flat. Despite the birth of a baby girl, Ishika on 20.11.2001, it is the case of the husband, that the wife persisted in her demand of having a separate residence. The husband and the wife, therefore, started residing in a separate room with a separate kitchen, still, the wife was unhappy. It is pleaded by the husband that whenever the husband played with the children of his brothers, the wife used to give threats to him that she would throw her daughter from the first floor. It was pleaded that the husband was always under stress and pressure due to the threats by the wife. It was pleaded that the wife had asked the husband to sever his ties with his family members and though the wife and the husband started residing separately, she was suspicious that the husband was maintaining relationship with his mother, brothers and nephews.

(3.) The wife filed the written statement and denied the claim of the husband. The wife specifically denied the facts pleaded by the husband in the Hindu Marriage Petition. It was pleaded by the wife that the husband and his family members were harassing her, both, physically and mentally, as she had refused to bring dowry from her parents. It was pleaded that she was beaten mercilessly by her husband and his family members for not bringing dowry and was thrown out of the matrimonial home. It was pleaded that due to the illtreatment by the husband and his family members, she had registered a complaint against the husband and some of his family members for offence punishable under Section 498A read with Section 34 of the Indian Penal Code.