ARUNA SHANTILAL AJMERA Vs. SHANTILAL VADILAL AJMERA

JUDGEMENT

(1.) -

(2.) THIS appeal is preferred by the appellant-original petitioner, wife against the judgment and order of the Family Court dated 6-9-90, passed in M.J.Petition No.109 of 1986, dismissing the petition of the appellant-wife.

(3.) HEARD the learned counsel for the parties. It has been submitted by the learned counsel Mrs. Shah appearing on behalf of the appellant that since November, 1972, the appellant is staying at her parents' house and she has never gone to the Matrimonial home and that there is constructive desertion by the respondent and that ground is also valid ground for passing the decree of divorce. The learned counsel for the appellant vehemently submitted that the evidence speaks volumes regarding the cruelty and there is no reason for not believing the oral evidence of the appellant. The appellant-wife is a Hindu wife. It is submitted that the fear of insecurity was often attributed at the matrimonial home and the sacred relations between the wife and husband would not be re-established. It has been submitted that within the period of 7 months after marriage, the behaviour of the respondent-husband was changed and he started assaulting and insulting the appellant but the appellant tolerated and she did not complain even to her parents regarding the rude behaviour of the respondent-husband with her. but the respondent then tried to physically assault the appellant and when she became unconscious because of beating and was taken to the hospital. The alleged incident took place on 2nd November, 1972 and this incident has been narrated by the appellant in her oral evidence before the family court. The learned Judge has discarded the evidence of the appellant on flimsy ground that there is no corroborative evidence to the incident of 2nd November, 1972. It reveals that the respondent has also filed petition being No. (Sic.-ed) /82 for restitution of conjugal right against the appellant and that was withdrawn on 20-12-1982.