PRABHAKAR SHANKAR NIKAM Vs. SATYABHAMA PRABHAKAR NIKAM

JUDGEMENT

(1.) This is an appeal by the original petitioner, who had filed a petition for divorce. Second Appeal no. 351 of 1998. 2

(2.) The facts giving rise to this appeal are as under -The appellant/petitioner was married to the respondent on 24/5/1983. They have a son by name Vivek who is in the custody of the respondent. After the marriage, the respondent had come to reside with the appellant/petitioner. While respondent was living with the appellant, he did not give any reason to make any grievance against him. He submits that respondent, however, was not desirous of leading happy life with the appellant. She was in the habit of going back to her parents off and on without any reason. She was also in the habit of picking up quarrels. She was behaving in arrogant manner and used to insult the elderly persons in the family. The respondent met with an accident in the year 1989. She was given immediately medical treatment for the same. After she recovered, she went to her parents house. Since then she did not come back. The appellant tried to bring the respondent back to his house. Appellant submits that the respondent has treated him with cruelty and has, without any reason, withdrawn herself from his company. Second Appeal no. 351 of 1998. 3

(3.) The respondent resisted the petition by filing written statement. She admitted the relationship and countered all allegations made against her. It is the contention of the respondent that she was ill treated by the appellant and was being forced to bring dowry from her parents. Her parents, however, could not fulfill the demand. It is the contention of the respondent that she had tried to end her life due to the ill-treatment meted out to her. She, however, did not disclose this fact to others because of the fact that she did not want to severe the relations with the petitioner. All efforts on the part of the mediators failed. She submits that it was the appellant who treated her with cruelty and she has a reasonable cause to live separately from the appellant.