SAU. SMRUTI Vs. ANANT

JUDGEMENT

(1.) The family court appeal is ADMITTED and decided finally after perusing the original record and proceedings.

(2.) By this family court appeal, the appellantwife challenges the judgment of the Family Court, Akola, dated 17.06.2013, allowing the petition filed by the respondenthusband for a decree of divorce under section 13(1)(i) of the Hindu Marriage Act on the ground that the appellantwife had illicit relationship with the respondent Nos.2, 3 and 4 during the subsistence of her marriage with the respondenthusband.

(3.) The appellantwife (hereinafter referred to as the "wife" for the sake of convenience) and the respondenthusband (hereinafter referred to as the "husband") were married at Hiwarkhed in Akola district on 25.06.2000, according to the Hindu rites and custom. A girl named Khushi and a boy named Harsh were born from the wedlock. The parties resided together till 08.06.2012 at Akola. The husband then filed a petition for a decree of divorce under section 13(1)(i) of the Hindu Marriage Act on the ground that after the solemnization of the marriage, the wife had illicit relationship with the respondent Nos.2, 3 and 4. To the petition filed by the husband, the husband had joined the wife, Keshav Kale, Rajendra Bhakre and Gajanan Bele as respondent Nos.2, 3 and 4. In the said petition, it was pleaded that the wife behaved well with the husband for about seven to eight years after the marriage but, during the past two to three years before the filing of the petition on 24.08.2012, the wife became unchaste and developed illicit relationship with Keshav Kale, Rajendra Bhakre and Gajanan Bele. It is pleaded that Keshav Kale was a relative of the wife from her maternal side and, therefore, the husband did not suspect about any illicit relationship when Keshav Kale was visiting the matrimonial house and talking with the wife. It is pleaded that the husband became aware from the tenants to whom certain rooms of the house of the husband were rented that the wife had an illicit relationship with Keshav Kale. It is pleaded that after the husband warned Keshav Kale that he should not come to his house, Keshav Kale maintained relationship with the wife outside the house by visiting hotels and other places. It is pleaded that the tenants and other people had seen the wife and Keshav Kale in a compromising position. It is then pleaded that it was learnt by the husband from his friends that the wife had an illicit relationship with Rajendra Bhakre. It is pleaded that the wife used to call Rajendra Bhakre to the matrimonial home whenever the husband was out of the house for work. It is pleaded that the tenants had witnessed the wife and Rajendra Bhakre in a compromising position on many occasions. It is pleaded that though the husband scolded the wife and also appealed to her to stop the relationship, the wife did not mend her ways. It is then pleaded that the husband has a printing press and needs the services of an electrician. It is pleaded that Gajanan Bele, an electrician, used to come to his printing press and also to his house for electric repair work. It is pleaded that during this period, Gajanan Bele developed illicit relationship with the wife. It is pleaded that when the husband learnt about the said relationship and warned Gajanan Bele not to enter his house, Gajanan Bele stopped coming to the house of the husband. It is pleaded that Gajanan Bele then presented a mobile phone to the wife and both of them used to contact each other outside the house. It is pleaded that the wife and Gajanan Bele used to roam about in the city and the fact in regard to the illicit relationship between the wife and Gajanan Bele was informed by the husband to the mother of the wife. It is pleaded that the mother of the wife asked the husband to forgive her daughter and told him that she would behave well in future. It is pleaded that the wife, however, did not change her ways. It is pleaded that the husband asked the wife about her illicit relationship with Keshav Kale, Rajendra Bhakre and Gajanan Bele on 08.06.2012 and when the wife was confronted about the relationship, she left Akola along with the two children to reside at her paternal house at Hiwarkhed. It is pleaded that the parties are separated since then. It is pleaded that on 12.06.2012, there was a meeting of the relatives of the husband and the wife in the house of the aunt of the husband and in that meeting, the wife admitted about her illicit relationship with Keshav Kale, Rajendra Bhakre and Gajanan Bele. It is pleaded that since the wife was leading an immoral life with Keshav Kale, Rajendra Bhakre and Gajanan Bele, the husband was entitled to a decree of divorce under Section 13(1)(i) of the Hindu Marriage Act.