NARAYAN RAGHUNATH SALVI Vs. SHALINI NARAYAN SALVI

JUDGEMENT

(1.) The Appellant original Petitioner presented a Petition seeking decree of nullity on the ground of non-consumation of marriage and in the alternative decree for divorce on the ground of cruelty. According to him, the Respondent-wife, after marriage, in December, 1991 consistently avoided a sexual relation. The Family Court, however, accepted the contention of wife saying that at the relevant time, he was suffering from back pain and also of kidney stone. As such, it was painful for her to have sexual relation. It was further contended that for sometime on December 10, 1992, he got operated and he was capable to have sexual relation. The Family Court, accepting this contention, dismissed the petition.

(2.) In Appeal, we heard Mr.Shah, the learned Counsel for the Appellant and Mr.Hardikar, learned Counsel for the Respondent. The Respondent would not seriously dispute that she had no sexual relation as such with her husband on the grounds stated. However, she tried to plead and deposed in evidence that she stayed for a period of four months with her husband and she had sexual relation only twice. Even accepting this statement, there could be consumation of marriage and as such the Petitioner is not entitled for decree on nullity. However, this statement unequivocally sufficient to substantiate the claim of the Petitioner that he suffered cruelty at the hands of Respondent-wife for her non-co-operation as he had sexual relation only twice during the span of four month. This was sufficient to grant decree of divorce on the ground of cruelty.

(3.) Appeal is, therefore, partly allowed and the marriage between the parties viz. Respondent and Petitioner stands dissolved by decree of divorce on the ground of cruelty.