NAMRATA Vs. KSHIPRA

JUDGEMENT

(1.) BY this appeal, the original respondent -wife is challenging the judgment and order dated 15.10.2001 passed by the learned Judge, Family Court, Nagpur in Petition No. A -352/1996. By the impugned judgment, the Family Court has allowed the petition filed by the original petitioner Mukund Tole (since deceased) thereby dissolving the marriage between the appellant and said Mukund Tole (hereinafter referred to as the deceased respondent) under Section 13(1)(i -a) and (iii) of the Hindu Marriage Act, 1955 (the Act of 1955, for short).

(2.) THE brief facts are that the deceased respondent Mukund Tole was earlier married with one Mrs. Shailaja, who expired on 30.12.1991. He has a girl child from the said wedlock by name Shipra, who is the present respondent. At the time of death of Shailaja, Shipra was a school going child and was required to be looked after. Hence, the deceased respondent had decided to remarry, so that minor Shipra can be looked after. It appears that one Smt. Bhagyashree Abhyankar, who is cousin sister of Mukund Tole, was instrumental in the second marriage of Mukund with the appellant, which was solemnized on 8.11.1992 at Solapur. According to Mukund Tole, when he along with appellant and other relatives were returning by a vehicle from Solapur to Nagpur, the appellant started behaving in a queer manner, in as much as she kept moving her hands on his lap and chest. Mukund Tole felt embraced on account of such behaviour of the appellant in the presence of the relatives. It was further contended that behaviour of the appellant in the matrimonial house was weird. She used to get up in the dead of the night and used to clean the utensils, which were already cleaned thus causing disturbance and annoyance to the family members and the neighbours. Further, according to Mukund Tole, the appellant used to read some books on 'Tantra Mantra' and used to visit burial grounds. It was then contended that on 26.12.1992 the appellant and Mukund had gone to their family deity at Mardon Goa. Their in the night at about 2.00 am the appellant started washing all the clothes which were already washed. The appellant also used to come out of the bathroom without wearing any clothes in front of the family members. According to the deceased respondent Mukund, the appellant was a nymphomaniac. She never used to bother about the presence of the relatives and the family members and failed to maintain decency. The appellant also abused the deceased respondent as also Shipra and also physically assaulted her. In short, according to the deceased respondent, the appellant had treated him with cruelty of such a nature and degree and on account of which, it was not possible for him to stay under the same roof and carry on with the matrimonial relationship. It was also contended that the appellant was incurably of unsound mind and he cannot reasonably be expected to live with the appellant (original respondent). The original respondent thus filed a petition for dissolution of marriage under Section 13(1)(i -a) and (iii) of the Act of 1955, before the Family Court at Nagpur.

(3.) THE Family Court raised as many as eight issues. The deceased respondent Mukund Tole examined himself, apart from eight other witnesses. The appellant examined herself. The parties produced certain documents, comprising of exchange of letters.