AVINASH RAMDHAN CHAVAN Vs. PRADNYA

JUDGEMENT

(1.) SINCE , this is a Family Court Appeal and the parties are young, the appeal is Admitted and heard finally at the stage of admission, after perusal of the original record and proceedings.

(2.) THE appellant -husband had filed a Hindu Marriage Petition before the Family Court at Nagpur on 05.01.2012, seeking a decree of divorce on the ground of cruelty. The marriage between the appellant -husband and the respondent -wife was solemnized at Aurangabad on 14.02.2005 as per Hindu rites and custom. The appellant was then in government service and was posted at Warora. The appellant -husband shifted to Nagpur within a short time and the respondent -wife, who possesses a decree in Bachelor of Engineering (Electronics and Communication), joined the services at Nagpur with Datta Meghe Polytechnic College. Thereafter, the wife was appointed as a Lecturer in Shegaon Engineering College at Shegaon, in 2005. The husband continued to serve and reside in Nagpur, whereas the wife resided at Shegaon for nearly one year. Thereafter, the wife joined the services as a Lecturer in Ramdeobaba Engineering College, Nagpur. After the wife joined the services in Ramdeobaba Engineering College, two nephews of the husband came to stay with the husband for preparation of their entrance examination. The wife started picking up quarrel with the husband every now and then and objected to the stay of his nephews in the matrimonial house. It is pleaded that the wife avoided cooking food for the nephews and started abusing the husband in filthy language. It is pleaded that the wife not only abused the husband, but also abused his nephews in filthy language and banged her head on the floor when the husband refused to act on her dictates. It is pleaded that day by day the behaviour of the wife started turning from bad to worse. It is pleaded that the wife started quarreling with the husband on petty matters and used to complain for nothing. It is pleaded that the mother and the younger sister of the wife always interfered in the family matters. The wife some times threatened the husband that she would implicate the husband and his family members in false cases. It is pleaded that the wife joined the post -graduate (M.Tech.) course in the year 2007 and the husband paid the fees. After the wife was pregnant, she and her mother always complained about the behaviour of the husband, though he had taken due care of the health of the wife and had also given her medical treatment, as required. It is pleaded that the wife always dis -respected her in -laws and abused them. The wife refused to cook for her in -laws and declined to serve even a cup of tea to them. It is pleaded that on 14.02.2008, a male child was born to the parties from the wed -lock and when the husband went to Aurangabad to meet his wife and son, he was not welcomed by his wife and her family members. It is pleaded that the wife and her parents abused the husband and the wife went to the extent of saying that she had no intention to resume the marital ties. It is pleaded that after joining the company of the husband in June, 2008, the wife again left the matrimonial home and went to her parental home on 22.06.2008. It is pleaded that when the mother of the wife had visited the house of the parties, the wife not only picked up quarrel with the husband and abused him in filthy language, but also threw the utensils and other household articles on the husband and banged her head on the wall. It is pleaded that the wife became uncontrollable and threw her small child in a fit of anger and left the matrimonial home along with the mother. It is pleaded that though the husband requested the wife to change her behaviour, the wife did not mend her ways. It is pleaded that in July, 2009, the wife returned to the matrimonial home after nearly a year only to take away her belongings and her two wheeler "Kinetic Honda". When the husband tried to stop the wife from leaving the house, the wife gave threats of police complaints. It is pleaded that after leaving the matrimonial home, the wife joined the services in Pandit Jawaharlal Nehru College of Engineering at Aurangabad. It is pleaded that the wife again returned to Nagpur on 28.12.2010 with the intervention of the cousin brother of the wife and a common friend. It is pleaded that during her short stay after 28.12.2010, the wife used to snatch the child from the husband, used to abuse him for no reason and fault on his part and used to get furious on petty matters. It is pleaded that on 03.04.2011, the wife hit the husband with an iron rod and put him out of the house. It is pleaded that though, the husband wanted to enter the house, the wife was reluctant to open the doors. It is pleaded that on 03.04.2011, the wife not only hit the husband with the iron rod, but she compelled the husband to leave his house. It is pleaded that the acts on the part of the wife amount to cruelty and therefore, the husband was constrained to file Hindu Marriage Petition No. A -397/2011 for grant of divorce on the ground of cruelty. It is pleaded that with the intervention of the Counselor and to give the marriage a try, the husband started residing with the wife on experimental basis. The parties signed a compromise in August, 2011 and the husband withdrew the petition on 29.12.2011. It is pleaded that immediately on the second day of the withdrawal of the petition i.e. 31.12.2011, the wife picked up quarrel with the husband and made several sarcastic remarks. It is pleaded that on 02.01.2012, when the husband asked the wife to handover the amount of Rs. 20,000/ -, which was required for the purpose of making labour payment, the wife picked up quarrel with the husband and stated that she had given the said amount to her friend for preparing a demand draft for her M.Tech. examination. It is pleaded that the wife was well aware that already a demand draft was prepared by the husband for seeking admission of the wife in M. Tech course. It is pleaded that the wife stated that she had given the said amount to her friend and that she would secure the amount from her friend's house. It is pleaded that the wife asked the husband to accompany her to her friend's house, but in stead of taking her husband to the friends house, the wife took her husband to Police Station, Pratap Nagar, where she created a scene and chapter proceedings were initiated against the husband under Section 151 of the Code of Criminal Procedure. It is pleaded that the husband had to secure bail and give a bond with a view to avoid further complications in the matter. It is pleaded that after securing bail, the husband went to the matrimonial home, but to his utter surprise, the wife did not allow him to enter the house. It is pleaded that the wife abused him and threatened him that she will involve him in more police cases. It is pleaded that in view of the threats by the wife, the husband had no other course open but to reside with one of his relatives at Nagpur and file a police report with the Pratap Nagar police station on the next day, as a preventive measure. It is pleaded that though, the husband was persuaded to withdraw the petition filed in the Family Court on the assurance given by the wife that she would behave properly in future, the wife showed her true colours after returning to the matrimonial home. It is pleaded that even after the compromise of the matter in the previous round of litigation, the wife abused the husband in filthy language by making false allegations against him. It is pleaded that the husband has been subjected to utmost mental cruelty and agony and since, there is no change in the behaviour of the wife, the husband is entitled to a decree of divorce on the ground of cruelty.

(3.) ON the aforesaid pleadings of the parties, the Family Court framed the issues. The husband examined himself and also examined his brother, Vinod Chavan and his friend, Rupesh Shelke. The wife examined herself and closed the evidence on her side. On an appreciation of the evidence on record, the Family Court dismissed the Hindu Marriage Petition filed by the husband. The husband has impugned the said judgment in this Family Court Appeal.