SANJAY TULARAMJI BHANGE Vs. UJWALA SANJAY BHANGE

JUDGEMENT

(1.) HEARD .

(2.) BY this Family Court Appeal, the appellant -husband challenges the judgment of the Family Court, Nagpur, dated 21.01.2010, dismissing a Hindu Marriage Petition filed by the husband for a decree of divorce on the ground of cruelty and desertion.

(3.) THE wife filed the written statement and denied the claim of the husband. It was denied by the wife that she had ill -treated the husband and his family members. It is pleaded that the wife was required to do all the household work in the matrimonial home. It was denied that with a view to buy peace, the parents of the husband had decided to have a separate residence for the husband and wife. It is admitted by the wife that the husband started residing in a rented house in New Subhedar Lay -out. It is pleaded that the mother and sisters of the husband always used to taunt the wife and therefore, she was not able to enjoy her marital life. It is admitted that since the husband had purchased the plot in New Subhedhar lay -out and constructed a house thereon, the parties started residing separately in the said house. The wife denied all the adverse allegations made by the husband in the Hindu Marriage Petition. It was pleaded by the wife that the husband and his family members harassed the wife and demanded money from her parents. It was pleaded that the husband behaved properly with the wife in the long tours and excursion and as soon as they returned, the husband started behaving badly with the wife. The wife admitted that the husband took the wife to various places in Maharashtra and Goa and also to Nepal, Darjeeling, Buddha Gaya, Varanasi etc. It is admitted by the wife that in the year 2002 -03, the younger sister of the wife had stayed with the parties in their house for some time. It is admitted that during this period, the parents, brother and sister of the wife used to frequently visit the matrimonial home in New Subhedar lay -out. The wife denied that she quarreled with the husband as his mother was to reside with them in the matrimonial home in June, 2004 because she was required to vacate the government quarters. It is admitted that the wife lodged a report against the husband and her in -laws, as a result of which, a complaint was registered against them, for the offence punishable under Section 498 -A of the Indian Penal Code. It was pleaded in the specific pleadings that the husband and his family members used to demand dowry from her parents and they physically tortured her for not bringing the same. It is pleaded that the wife was treated as a maid servant in the matrimonial home. It is pleaded that the wife became aware of the plan hatched by the husband and his family members of killing her and her mother on 20.06.2004. The wife pleaded that she was extremely frightened after becoming aware of the plan and therefore, she was constrained to lodge a report against the husband and his family members for an offence punishable under Section 498 -A of the Indian Penal Code.