(1.) BY these Family Court Appeals, the appellant - wife challenges the common judgment of the Family Court, Akola dated 16.09.2014, allowing the petition filed by the respondent -husband for dissolution of marriage on the ground of cruelty and dismissing the petition filed by the appellant -wife for restitution of conjugal rights.
(2.) THE appellant and the respondent (hereinafter will be referred to as wife and husband respectively for the sake of convenience), were married at Akola on 13.03.2011, according to the Hindu rites and customs. At the relevant time, the wife was working as a Teacher in Manora, District -Washim and the husband was working with Jalgaon Peoples Cooperative Bank, Jalgaon. It is the case of the husband in the petition filed by him for divorce that since the inception of marriage, the wife was not behaving properly with the husband and his parents. It is pleaded that the wife behaved well in the matrimonial house only for a period of 5 to 6 days and thereafter started quarreling with the husband and his family members on petty matters relating to cooking, sweeping etc. It is pleaded that the wife did not want to perform the household duties as she was in service. It is pleaded that the wife always threatened the husband and his family members that she will commit suicide and falsely implicate the husband and his parents. It is pleaded that the wife used to lose her temper without any just and reasonable cause and used to remain out of the house for sometime. It is pleaded that initially the parents of the husband did not take cognizance of the behaviour of the wife but subsequently they realized that the wife was treating them with cruelty, by giving them false threats of committing suicide. It is pleaded that the wife used to throw the meals, tear her saree, damage her mobile in rage. It is pleaded that the wife used to rise very late in the morning at about 8.30 AM and even thereafter she used to lie for 1 1/2 hours in the bed till about 10.00 O' clock on the pretext that she had back pain. It is pleaded that the wife used to threaten the husband on several occasions when the husband tried to ask her to mend her ways. It is pleaded that the wife avoided to stay with the husband and his family members in Diwali and abused the husband in filthy language. It is pleaded that the wife went to reside with her parents during the summer vacation of 2012 and did not join the company of the husband at Jalgaon. It is pleaded that despite the best efforts, the wife declined to mend her ways and, therefore, the husband was constrained to file the petition. It is pleaded that the wife had checked the purse of the sister of the husband and had blamed her for stealing some clothes. It is pleaded that the wife had lodged a false complaint against the husband and his family members in Police Station, Jalgaon, but no offence was registered against the husband and his family members. On the aforesaid pleadings, the husband sought a decree of divorce.
(3.) THE husband examined himself and also examined his father to prove his case. The wife examined herself and examined the wife of her brother and the husband of her sister. On an appreciation of the evidence on record, the Family Court by the judgment dated 16.09.2014, allowed the petition filed by the husband for a decree of divorce and dismissed the petition filed by the wife for restitution of conjugal rights. The judgment of the Family Court is challenged by the wife in these appeals.