SHWETA Vs. RAJESH

JUDGEMENT

(1.) BY this family court appeal, the appellant -wife challenges the judgment of Family Court, Nagpur, dated 21/11/2014, allowing the Hindu marriage petition filed by the respondent -husband and dissolving the marriage solemnized between the parties on 07/12/2008 by a decree of divorce.

(2.) THE respondent -husband had filed Hindu marriage petition against the appellant -wife for the dissolution of marriage by a decree of divorce. The marriage between the parties was solemnized on 07/12/2008 at Nagpur according to Hindu rites and customs. The wife started residing in the joint family of the husband after the marriage. According to the husband, the wife belongs to a middle class family and was looked after only by her mother and her brother, who runs a pan shop. It is pleaded by the husband in the petition that within fifteen days from the marriage, the wife started behaving badly with the husband and his family members by showing her true colours. It is pleaded that in the month of June, 2009 when the wife was pregnant, she left the matrimonial house without informing anybody at 9.00 p.m. and went to reside in her mother's house. It is pleaded that when the husband contacted the mother of the wife on telephone, the mother stated that her daughter is desirous of seeking a divorce and dissolving the marriage. It is pleaded that on 10/09/2009 the wife gave birth to a female child and the wife and her family members restrained the husband and his family members from meeting the baby girl. It is pleaded that on 13/07/2010 the wife came to the matrimonial home with a baby girl of ten months along with her mother and immediately left the house on 05/08/2010 at about 8.00 p.m. without informing anybody in the matrimonial house. It is pleaded that the wife left the small daughter of ten months in the matrimonial home and left to her parental home without the baby girl. It is pleaded that on 29/01/2011 the wife and her mother came to the matrimonial home and assured the husband and his family members that the wife has realised her mistake and hence, she should be accepted in the matrimonial house. It is pleaded that the crocodile tears of the wife persuaded the husband and his family members to accept the wife in the matrimonial house. It is pleaded that on 08/02/2011 the wife again left the matrimonial home by leaving the daughter, who was barely one and half years of age. It is pleaded that the acts on the pat of the wife tantamount to cruelty and the husband is entitled to a decree of divorce.

(3.) ON the aforesaid pleadings of the parties, the Family Court framed the issues. The husband examined himself and closed the evidence on his side. The wife examined herself and also examined her uncle by name Pravin. The husband filed certain chits -letters written by the wife on record to prove that the wife was treating the husband and his family members with cruelty and had agreed to change her ways. On an appreciation of the evidence on record, the Family Court, by the judgment, dated 21/11/2014, allowed the Hindu marriage petition and dissolved the marriage solemnized between the parties on 07/12/2008. The wife has challenged the judgment of the Family Court by the instant appeal.