MANILAL VELJI Vs. SMT. BHANUMATI MANILAL GANGER

JUDGEMENT

(1.) Bhanumati was married to Manilal Velji Ganger on 14-3-1972 at Bombay according to Hindu Vedic rites. A week after marriage the couple went to visit their relations in Kutch and moved from one place to another making courtesy calls which intinerary took them to Ratadia, Luni, Madhapar, Samagaon and Kapai in Kutch. They also visited Deshalpur, where the husband had his relations and thereafter returned to Bombay and stayed at Goregaon. At Goregaon, the couple had to share the matrimonial home with the husband's mother, unmarried brother and an unmarried sister. The Goregaon flat was a small two room tenement and it appears that bickerings started between the couple.

(2.) According to the husband Manilal the wife was of a quarrelsome nature and did not live as a typical Hindu wife after establishing rapport with the members of the husband's family. She was indifferent to him in discharging her obligations as a wife and was throwing tantrums when asked to do household work. The wife's story was that the husband who was employed in the Bank of Baroda was an ambitious man who wanted to start some side business for which he wanted a capital investment of Rs. 35,000. The husband as well as the mother-in-law used to pester her to fetch an amount of Rs. 35,000 from her father and though she managed to bring about Rs. 15,000 members of the husband's family were not satisfied and used to pick up quarrels and taunt her every now and then. According to the wife, when she was in the 5th month of pregnancy the husband and her mother-in-law used to assault her and after pointing out to a bottle of pesticide used to ask her to drink it and die.

(3.) The respondent's story was that on 12-3-1972 he as usual went to the Bank for work and when he returned home for lunch at 12-30 p.m. he learnt from his mother that the wife had consumed poison. The husband says that he dutifully moved Bhanumati to Nanavati hospital for treatment and after recovery she went to her maternal uncle's house. From there, she proceeded to her native place in Kutch where she gave birth to daughter Teena on 1-9-1972 and inspite of his best efforts the wife exhibited recalcitrant attitude and refused to come to the matrimonial home.