KAMAL BABULAL BAGAN Vs. VIJAYA KAMAL BAGAN

JUDGEMENT

(1.) THE appellant-husband is the original petitioner in Petition A.No.411 of 2002 filed by him in the Family Court No.3 at Pune wherein he has inter alia prayed for a decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955. The appellant is aggrieved by the judgment and order dated 9th May, 2005 passed in the said petition. By the said judgment and order, the petition of the appellant came to be dismissed on the ground that the petitioner/appellant failed to examine his parents or any witness to prove the allegations made by him in his pleadings. The Family Court was of the opinion that the solitary testimony of the appellant could not be relied upon and hence, dismissed the petition.

(2.) ADMITTED facts are thus:

(3.) THE respondent-wife used to sleep with the knife or scissor under her pillow and she used to tell the appellant that if he touched her, she would murder him. She used to threaten him to lodge complaint against him. As far as the above incidents are concerned, only general averments have been made by the appellant and no particulars regarding date and time etc. have been given. The appellant has narrated general incidents. The appellant has narrated only one specific incident which took place on 8th September, 2001. The appellant has stated that in his absence, the respondent-wife went to his house. She threw the articles in the house. She destroyed some articles and some utensils. She tore the clothes of the appellant and she abused in filthy language to the parents of the appellant who were present in the house and went away. It is the case of the appellant that at that time, he was not present in the house. This is the only incident which has been specifically referred by the appellant. In support of his case, appellant has led his evidence on affidavit and he has been cross-examined. The appellant has not examined any other witness in support of his case in order to corroborate his averments. On the other hand, the respondent-wife has filed her affidavit in lieu of examination-in-chief. She has also submitted affidavit of her father i.e. Jagannath Nivrutti Patil vide Exhibit-79. The respondent-wife as well as her father have offered themselves for cross-examination on behalf of the appellant.