SAU SUSHAMA Vs. PRAMOD

JUDGEMENT

(1.) THE appellant before this Court is wife and she challenges judgment dated 6.12.2008 delivered by the District Judge -I, Pandharkawada, affirming the judgment dated 6.10.2008 passed by the Civil Judge, Senior Division, Pandharkawada (Kelapur). The Civil Judge, has in H.M.P. No.24/2008 presented under section 13[B] of Hindu Marriage Petition, dissolved marriage between the parties because of consent and the custody of two sons with father Pramod was continued as wife agreed not to seek the custody. It is also recorded that wife waived her right of maintenance. This order was challenged by wife in Regular Civil Appeal No. 68/2008 inter-alia contending that her signature on said petition and accompanying affidavits were obtained under false pretext and she was compelled to place her signature upon it. She contended that both the parties were residing together and there was no separation for a period of one year which is a mandatory requirement. The Lower Appellate Court has considered this ground and in paragraph no.7 found that petition was presented on 4.4.2008, parties were directed to remain present on 6.10.2008 and from pleadings it appeared that both parties were not ready to continue their marital tie. In their affidavits, both state that they were residing separately from February, 2007 and hence both were residing away from each other for more than one year before the presentation of the Section 13[B] petition. The Appellate Court also found that the affidavit of wife demonstrated that they were residing separately from one year before filing of the petition. It also noted that Advocate for husband submitted that, wife was residing at house of her brother at Karanji itself and this submission was not refuted by appellant i.e. wife. In view of this consideration the appeal came to be dismissed.

(2.) I have heard Advocate Shri Bhuibar, for appellant. Wife and Advocate Shri Anjan De, for respondent . husband in this background.

(3.) ADVOCATE Shri Anjan De, for respondent husband has placed strong reliance upon the documents filed by the respondent on affidavit along with Civil Application No. 130/2009. The said application is also styled as submissions. It is for taking action for perjury and for contempt of Court against the appellant. It is pleaded that the documents accompanying it are obtained under Right to Information Act. The first document is report submitted by the S.D.P.O. Pandharkawada on 20.08.2008 to Assistant Superintendent of Police, at Yavatmal after enquiry into the complaint made by Digamber Ramdas Dhote. He is father of present appellant. The second document is the oral statement recorded by S.D.P.O. The fourth document is statement dated 18.8.2008 of present appellant and in that statement she has that she is married with the present respondent and has two sons from him. She has further stated that she has love affair with police constable Surendra Wasnik, since last one year and she has gone out with him and when ever he used to visit her, he used to present her with Saree or some ornaments out of love. This relationship was not liked by her parents and some others and hence complaint came to be filed against Shri Wasnik, She mentioned that she had applied for divorce before the Court and case would be decided within a month. After grant of divorce from court she was going to reside with Shri Wasnik because of their relations. Her father in law and mother in law had agreed to look after her sons and hence custody of sons would be with them. She has further stated that before moving for divorce she had a talk with Shri Wasnik on mobile phone of her husband and as Shri Wasnik promised that they would reside jointly, she had informed accordingly to her husband who was standing by her side. She further stated that she had tried to contact Surendra Wasnik on mobile in last 2/3 months, but contact could not be established. Document no.5, is statement of her husband [present respondent], which shows that he has corroborated the above position. He has further stated that his wife is deeply in love with Shri Wasnik and they also tried to commit suicide by pouring kerosene and because of this ultimately proceedings for divorce were required to be initiated. Annexure-R2 with this reply is copy of application dated 4.4.2008 filed in the court of Civil Judge, Senior Division, Pandharkawada where both the parties to this appeal pointed out that as the applicant no.2 wife therein wanted to marry Surendra Wasnik, waiting period of 6 months should be relaxed. Annexure- R3 is the affidavit dated 6.10.2008 filed by the present appellant before the said Court in which she has mentioned that they have not been residing together as such from February 2007 and as there was no possibility of reconciliation on 4.4.2008, proceedings for divorce by mutual consent came to be filed. She has further stated that she is not going to claim any maintenance from her husband and also waived her right to custody of children. She has further stated that she was not carrying from her husband and as re-conciliation was not possible, though relatives tried to mediate and resolve, she was voluntarily severing the relationship. She has further stated that she is firm on her decision taken 6 months earlier.