ANITA OMPRAKASH AGARWAL Vs. OMPRAKASH RIDHKARANJI AGARWAL

JUDGEMENT

(1.) THE Appellant/wife has filed the present Appeal against the judgment and order dated 20. 8. 2002 passed by the learned Principal Judge, Family Court, Mumbai in Petition No. A-972/95. By the said judgment and order, the petition of the applicant came to be dismissed. In the said petition, the Petitioner i. e. present Appellant had prayed for decree of nullity on the ground of non consummation of marriage or in the alternative for decree of divorce on the ground of cruelty. The Appellant had also prayed for maintenance.

(2.) IT is the case of the Appellant that a proposal for her marriage with the Respondent was sent through a friend by Appellant's father to the Respondent. Thereafter, the Appellant and Respondent got engaged on 31. 10. 1993. On 29. 11. 1993 the Appellant and Respondent got married at Malad, Mumbai according to Hindu rites and customs of the community. After the marriage, they started residing together as husband and wife at Baroda (Gujarat) in a joint family. The couple has no issue out of the said marriage. These facts are not disputed.

(3.) IN the petition, the Appellant contended that the marriage was not consummated and she was treated with cruelty. These contentions were denied by the Respondent in his written statement. After going through the petition and written statement, the learned Family Court Judge framed the following issues: 1) Does the petitioner prove that her marriage with the respondent has not been consummated owing to the impotency of the respondent? 2) Is the petitioner entitled to a decree of nullity? 3) Does the petitioner prove that the respondent has treated her with cruelty? 4) Is the petitioner entitled to a decree of divorce? 5) Is the petitioner entitled to return of her articles? 6) Is the petitioner entitled to claim maintenance for herself from the respondent? If yes, what amount? 7) What order and decree?