SHASHI SATYANAND EPPATURI Vs. JYOTI SHASHI EPPATURI

JUDGEMENT

(1.) By the present Appeal, the Appellant has challenged the Judgment and Decree dated 17/05/2012 passed by the Judge, Family Court No.4, Mumbai, whereby the Appellant's petition for Dissolution of Marriage on the ground of cruelty u/s 13(1) (ia) of Hindu Marriage Act, 1955, was dismissed. The Respondent is his wife. There is no issue born from their wedlock.

(2.) It is the case of Appellant in his petition before the Family Court, that, he got married with the Respondent on 13/02/2005 at Sion, Mumbai, according to Hindu Vedic rites. It was an arranged marriage. The marriage was registered with the Registrar of Marriages at Bandra (E), on 17/12/2005. Both of them started residing in their matrimonial house at Santacruz, Mumbai. It is the case of the Appellant that, they were residing with his aged parents. The Appellant has stated in his Petition that the Respondent had negative attitude towards his parents, right from the beginning and that she used to abuse, insult and threaten them. According to the Appellant, the Respondent wanted to drive his parents out of their matrimonial house. He has further stated that the Respondent was working as a teacher in a High School at Khetwadi, Grant Road. Her working hours were from 08.45 a.m. to 03.30 p.m. It is the Appellant's case that the Respondent used to wake up late and when the Appellant and his parents tried to wake her up early, she used to abuse and insult them. It is further the Appellant's case that Respondent used to return home after 06.00 p.m. and would go to sleep directly for a couple of hours and only after 08.30 p.m. she used to cook. It is further his case that the food cooked by her was neither tasty nor sufficient and when he used to return home after many hours of hard work, the Respondent hardly used to spend quality time with him. She never used to offer him a glass of water on his returning home. She always insisted that his parents should leave their house. The Appellant has further stated that she used to leave in the morning of Friday and would return only on Monday and over the weekend, she used to reside with her mother at Sion. After putting forth his general grievance, the husband has further narrated a few instances which he claimed, amount to cruelty. According to the Appellant on 05/11/2005, the Respondent picked up quarrel in the night and did not accompany his parents when they wanted to visit the ailing sister of the Appellant's father. When the Appellant's parents left the house on that day, the Respondent created a big scene and banged knife on the doors of kitchen and bathroom and threatened to commit suicide. Then on 06/11/2016, she went to her mother's place and stayed there for about 10 days. It is the Appellant's case that he somehow pacified her.

(3.) The second instance as narrated by him pertains to an attempted mediation done by the Appellant's family friend Dr.Narayanaswamy on 13/11/2005. The Respondent had not liked the said attempt and had picked up fight with the Appellant and his parents on that ground.