KAVITA RAJESH NAIK Vs. RAJESH WAMANRAO NAIK

JUDGEMENT

(1.) Aggrieved by dismissal of petition for divorce, original petitioner No. 1-wife has preferred this appeal.

(2.) Appellant No. 1-Smt. Kavita and respondent-Rajesh were married on 22nd february, 1994 at Aurangabad in accordance with Hindu rites and customs. Then Rajesh used to reside at Yewatmal, a District place, along with his grandparents, two brothers and two sisters. His parents were residing at village tiwasa, which is at a distance of about 20/25 k. Ms. from Yewatmal. After the marriage, appellant Smt. Kavita resided with Rajesh at yewatmal for some period of about a couple of years. Out of the wedlock, the couple was blissed with a son-Appellant No. 2 Tejas somewhere in 1996. The spouses could not pull on well with each other and fell apart after 3/4 years from birth of the son. Since the time of matrimonial discord Smt. Kavita is residing with her parents at Aurangabad along with her minor son.

(3.) Briefly stated, case of the appellant No. 1 Smt. Kavita is that she was ill-treated by the husband-Rajesh in the matrimonial house. He used to abuse her in filthy language. He used to insult her in presence of the relatives and friends. He used to suspect her character and did not allow her to go out of the residential premises. She was kept in his house as if she was in a cage. Her life was unsecured. She came to know that he was having love affair with a girl by name Bina gaikwad. At times, the respondent-Rajesh-used to take said Bina in his bed room and used to latch its door from inside. As and when she used to ask him about such conduct, he abused and assaulted her. He told her that he had relationship with said Bina Gaikwad which he would not give up. Though she continued to live with him under stress and the son was born yet her ill-treatment was continued and on number of occasions she was assaulted as well as driven out from his house. He never provided any financial help to her. Eventually, she came to reside with her parents at Aurangabad, he never cared for herself and the son and never came to Aurangabad so as to fetch them, respondent-husband is unwilling to co-habit with her. Consequently, she filed the divorce petition.