VISHNU BABANRAO YADAV Vs. NALINI VISHNU YADAV

JUDGEMENT

(1.) By this Family Court Appeal, the Appellant - husband challenges the Judgment and order dated 18th July, 2014 passed by the Judge, Family Court, Aurangabad in Petition No.A-75 of 2011 thereby dismissing the Petition filed by the Appellant for a decree of divorce on the ground of cruelty.

(2.) The case of the Appellant as disclosed in the petition filed by him for a decree of divorce, in brief, can be stated as under:

(3.) The Respondent wife filed written statement in the Petition and denied all the allegations levelled by the Appellant-husband against her. Respondent pleaded that her father purchased one plot in her name at Hanumannagar, Aurangabad. The Appellant started insisting the Respondent to transfer the said plot in his name and when she refused for the same, he ill-treated her and stopped talking with her brother and father. Appellant started getting food from the mess from himself, and avoided to bring grocery articles in the house. For Diwali festival of the year 2008, the Appellant went to his parents house at his native place and after returning from there, he started insisting Respondent to give divorce as he wanted to perform second marriage. When Respondent refused for the same, Appellant started to give ill-treatment to her. He never took her for the marriage ceremony of his relatives. As the behaviour of the Appellant remained unchanged, Respondent filed complaint with Women Grievance Redressal Cell. As the Respondent could not conceive child, she took medical treatment but Appellant never co-operated with her in the said medical treatment. He intentionally avoided to keep sexual relations with her when the Doctor advised for the same. Thereafter Appellant started residing with his friend and from there he intentionally used to come at odd hours of night and used to bang door and if Respondent used to open the door, Appellant used to assault her and used to tell her to leave the flat. In fact the Appellant has caused severe cruelty to the Respondent. It is pleaded by the Respondent that the Appellant is now residing with one lady named Vidya at Gurudatta Nagar, even one son is born to him from said Vidya. Appellant wants to perform marriage with said Vidya and therefore he is ill-treating Respondent and insisting for divorce.