XYZ Vs. ABC

JUDGEMENT

(1.) Present appeal has been filed by the original respondent/wife to challenge the judgment and order dtd. 31/5/2019 passed by the learned Principal Judge, Family Court, Aurangabad in Petition No. A-235 of 2014, whereby the decree of divorce under Sec. 13(1)(i-a) of Hindu Marriage Act, 1955 came to be passed against her.

(2.) The fact which is not in dispute is that the marriage took place between original petitioner/husband and respondent/wife on 19/7/2008 as per Hindu Vedic rites. After the marriage, original respondent/wife went to cohabit with the original petitioner/husband at his native place Majalgaon, District Beed and, thereafter, they went to stay at Thane, where the husband was serving. It is also an admitted position that from 2010 to 2012 they both were residing separately from the family of the original petitioner/husband at Rabodi, Thane.

(3.) The original petitioner/husband had come with the case that, at the time of marriage, he had given 15 Tolas of gold ornaments to the respondent/wife, and since the beginning, he had been getting from the respondent/wife that she was not happy with the marriage. She was giving the impression that the marriage was not as per her choice. The original respondent's relatives had advised her that she should adjust with the petitioner/husband at Thane. According to the original petitioner, the marriage was never consummated and the respondent/wife was refusing the physical contact with him. She told the original petitioner that due to the pressure from her father, she was constrained to perform the marriage. Her behaviour with original petitioner as well as his family was not good. She was giving abuses to the original petitioner and she used to behave arrogantly with the parents. Even she had manhandled the mother of the original petitioner by giving her abuses. She used to pick up quarrels on trifle matters and, thereafter, she started saying that she want divorce. Suddenly on 17/7/2010, the respondent's father and brother came to the house where petitioner's parents, brother and sister were residing i.e. in Vrundavan Society, Thane. At that time, they had abused the relatives of the original petitioner as well as assaulted them. The fact was then reported to the police. They left the respondent/wife in the house of the original petitioner. From 17/6/2010 to 23/8/2010 she was then residing with the original petitioner, however, there was no improvement in her behaviour. She was threatening to lodge a report and eventually lodged the report on 22/6/2012 under Ss. 498-A, 406 read with Sec. 34 of the Indian Penal Code against the original petitioner/husband, his parents, his brother, and his brother's wife. The respondent/wife continued her harassment and had not resumed the cohabitation during the said period and, therefore, petition was filed for divorce.