MRUDULA SURESH BHAT Vs. SURESH PANDURANG BHAT

JUDGEMENT

(1.) This appeal is filed by the appellant-wife against the order dated 4th April, 1996, passed by the learned IIIrd Addl. District Judge, Thane, in Civil Appeal No.91 of 1994, confirming the decree passed in favour of the respondent-husband, by the learned II Joint Civil Judge, Senior Division, Thane in Marriage Petition No.235 of 1991 on 30th November, 1993.

(2.) The respondent-husband has filed Marriage Petition No.235/91 against the appellant-wife before the learned II Joint Civil Judge, S.D. Thane, for dissolution of marriage under the provisions of section 13(1)(i-1) and (i-b) of the Hindu Marriage Act, 1955 on the allegations of cruelty and desertion by his wife. It is alleged that the marriage between the appellant and respondent was solemnized on 29th December, 1989 according to Hindu Vedic Rites. The appellant-wife was working as Accountant cum Secretary at Abu Dhabi since 1987 and the respondent-husband was Chartered Accountant. It is alleged that after the marriage, they were residing together at Thane till 28.1.90 and on 29.1.90, the appellant left for Abu Dhabi as her leave was over. The respondent thereafter on 30.3.90, had been to U.A.E. in search of job for him. It is alleged that during the period when the respondent-husband was staying at Abu Dhabi with the appellant-wife, she harassed him and treated him with cruelty. Therefore, he returned to India on 20.6.90. It is alleged that on several occasions the respondent-husband suggested the appellant-wife to return back to India and settle down but she insisted to pay Rs.2,00,000/- for the same.

(3.) It is alleged that because of rude behaviour of the appellant-wife and as she refused to continue her relations with him as his wife, the respondent-husband has claimed dissolution of marriage by decree of divorce. Prior to that he has issued notice on 29.6.90 to the appellant-wife calling upon her to live together. However, she sent false, frivolous and vexatious reply to the same.