ROMA RAJESH TIWARI Vs. RAJESH DINANATH TIWARI

JUDGEMENT

(1.) Rule. Rule is made returnable forthwith. Heard finally, by consent of learned counsel for the Petitioner and Respondent.

(2.) This Petition is directed against the order dated 30th May 2017 passed by Family Court No.4, Mumbai, in the Petition bearing No.A- 630 of 2014. By the impugned order, the Family Court has vacated the order of status-quo granted on 29th September 2014 in respect of Flat No.502, situate at Nilgiri Apartment, Lok Everest Co-op. Housing Society Ltd., Cement Company, J.S.D. Road, Mulund (West), Mumbai - 400 080.

(3.) Brief facts of the Petition are to the effect that, Respondent herein has filed a Petition for a decree of nullity on the ground that his marriage with the Petitioner is null and void and, in the alternate, for a decree of divorce. In the said Petition, the present Petitioner-wife appeared and resisted the same vide her written statement. Along with the written statement, she also filed an application at Exhibit-13, stating that she has been subjected to mental and physical torture by the Respondent, his brother, his brother-in-law and sister-in-law. After marriage, she also found that Respondent's first wife Shashi too, was similarly harassed by the Respondent and his family members and was forced to leave the matrimonial home. As per the case of the Petitioner, even during pregnancy, she was constrained to live in constant fear. After the birth of the daughter also, she is not spared from the harassment, illtreatment and cruelty.