SHIVRAJ CHANDRAKANT SAWANT Vs. SHEETAL SHIVRAJ SAWANT

JUDGEMENT

(1.) APPELLANT -hsuband, the original petitioner in Marriage Petition No.765 of 1994 has preferred this appeal against the judgment and order passed by the Judge, Family Court, Mumbai whereby the Petitioner's petition for divorce filed on the ground of cruelty was dismissed. For the sake of convenience hereafter the parties shall be referred to as the Petitioner and Respondent.

(2.) BRIEF facts giving rise to this petition are as under: The marriage between the Petitioner and Respondent took place as per Hindu Vedic Rites on 8-12-1992. After marriage Respondent started residing with Petitioner in his house i.e. 1/6 Om Adinath Niwas, Jogeshwari. Petitioner's aged mother and younger brother aged about 20 years were also residing at the said place. It is petitioner's case that though he and his family members were treating the Respondent with respect and dignity she was not behaving properly. She often used to pick up quarrels with Petitioner's mother and used to insult and humiliate the Petitioner in presence of his mother and brother. She often used to leave the matrimonial home without informing anybody in the house and go to stay at her brother's place for weeks' together.

(3.) AFTER few days Respondent returned to matrimonial home. However, according to the Petitioner even thereafter there was no improvement in the conduct of the Respondent and in May 1993, she went to her brother's place without informing the Petitioner. According to the Petitioner on 9-5-1993, the Respondent and her brother came to his house and at that time Respondent told the Petitioner that he should make some arrangement for separate residence within 3 days otherwise she would get herself aborted. It is petitioner's case that this caused him great mental agonies. Again on 11-5-1993 Respondent told the Petitioner about the same thing and started using filthy language, as a result of the same Petitioner suffered nervous break down and became unconscious. Even in such condition the Respondent left the house.