PHULMALA AJAY SINGH Vs. AJAY KUMAR SINGH

JUDGEMENT

(1.) This Appeal under Section 19 of the Family Courts Act, 1984 is preferred by the wife i.e. the original respondent against the judgment and decree dated 13 th October, 2006 passed by the Family Court, Pune in Petition No. 406 of 2007 whereby the marriage of the appellant with the respondent was dissolved on the ground of cruelty and counter-claim of the appellant-wife, for restitution of conjugal rights was dismissed.

(2.) The respondent, who is the husband, had filed Petition No. 406 of 2007 for divorce on the ground of cruelty. It is the case of the respondent that, soon after the marriage i.e. 20th April, 2006 wife picked up quarrels recurringly with him and parents on various counts which made his life miserable. It is his case that, her temperament seldom matched with his temperament. That the stubborn attitude of the wife was found not compatible with the family traits. It is his case that, she lived with him in the matrimonial house initially in April, 2006 till 5th June, 2006 and from 2nd September, 2006 till 15th September, 2006. It his case that, on 24th January, 2007 she broke opened the lock of the matrimonial house in his absence and in the absence of his parents and again left for her parents' house on 15th February, 2007. He thus pleaded hostile attitude of his wife, eventually all his efforts to reconcile the differences failed.. It is his case that, upon realising that his wife was not interested to cohabit with him and having found that her nature and attitude was not compatible to his nature and having further realised that, it was not possible to live together, he had filed a petition on 13th October, 2006 in the Family Court for dissolution of marriage on the ground of cruelty.

(3.) He amended his petition on 3rd March, 2008 after notice to wife and brought on record subsequent events to substantiate the fact that rigid nature and revengeful attitude of his wife caused cruelty, and in the given circumstances, it was not possible to live with her. In other words, the husband sought a decree of dissolution of marriage on the ground of mental cruelty inflicted by his wife.