SATISH DHUDKU HALNOR Vs. YOGITA SATISH HALNOR

JUDGEMENT

(1.) Present appeal has been filed by the original petitioner-husband challenging the concurrent Judgment and Decree against him. He had filed Hindu Marriage Petition No.327/2010 before 2nd Joint Civil Judge Senior Division, Jalgaon under Section 13 (1) (ia) and (ib) of Hindu Marriage Act, 1955 for dissolution of marriage. It is not in dispute that petitioner and respondent are the husband and wife and their marriage was solemnized on 11.12.2001 as per Hindu rites and customs. They have son by name Anand. Petitioner was employed in police even prior to the marriage. It is also not in dispute that petitioner had issued notice for dissolution of marriage on 15.04.2003 to the respondent and it was replied by the respondent. Petitioner had filed Marriage Petition No.112/2003 for dissolution of marriage, but then it was compromised. It is also not in dispute that the respondent-wife had lodged First Information Report for the offence punishable under Section 498-A of the Indian Penal Code against the petitioner and his family members. It was compromised during the pendency of the said criminal case. In spite of the settlement of the dispute, she lodged report again for the offence punishable under Section 498-A read with Section 34 and Section 494 of the IPC on 13.05.2005. Further, it is not in dispute that the petitioner and his family members have been acquitted from the said criminal proceedings. Another criminal proceeding was filed by the father of the respondent under Section 97 of Cr.P.C. for custody of the respondent against the petitioner. That application was disposed of. Respondent-wife had also filed application under Section 24 of the Guardian and Wards Act for custody of son Anand. That application was dismissed. She has also filed application for maintenance under Section 125 of Cr.P.C. against the petitioner. Respondent-wife has also filed a complaint under Section 323, 504 of I.P.C. on 07.07.2003 against one Sonyabapu Deoram Thorat, who is the relative of the husband. Father of the respondent has also filed a private criminal complaint against petitioner and his relatives under Section 498-A read with Section 34 of the IPC on 02.08.2003 vide complaint case No.574/2003. One more application has been filed by the respondentwife for various reliefs under Domestic Violence Act and it is pending before Judicial Magistrate First Class, Pimpalgaon, Tq. Niphad, Dist. Nashik.

(2.) The petitioner had contended that after the marriage, wife used to complain that the marriage was solemnized against her wish. She has tried to commit suicide by self immolation on that ground. One more time she has tried to commit suicide by consuming phenyl. She used to give threats to petitioner-husband regarding false implication of him as well as his family members in criminal matters. She was insisting on the petitioner to bring luxurious articles. She used to pick up quarrels with the husband and because of that he was physically and mentally harassed. Wife went to her parents house without informing him on 28.03.2003 and his efforts to fetch her back did not yield results immediately. Thereafter, he had given the said notice for dissolution of marriage. It is also contended by husband that wife has lodged several criminal cases against him without any reason, it amounts to cruelty for him. Wife is not residing with him since 12.05.2005 and therefore, he prayed for dissolution of marriage.

(3.) The wife has resisted the claim of the husband by filing written statement. It is stated that in her reply to the notice issued by the petitioner, she has clearly stated that she is willing to cohabit, however, the petitioner has not taken her back. When she was with petitioner, he used to demand amount of Rs.50,000/- for purchasing flat. He had abused her and threatened her to kill, when she could not fulfill the said demand. He had not provided proper meals to her. She had, therefore, given an application to Police Station on 17.07.2003, however, since the petitioner himself is a constable, her application was not taken seriously. She was beaten and driven out of the house on 06.08.2003. Her father was constrained to file application under Section 97 of Cr.P.C. So also, she has been constrained to file various litigations. Though there was a compromise between her and the husband during the pendency of earlier divorce petition, and petitioner had agreed to take her back for cohabitation; instead of keeping her with himself, he had kept her with his relatives for about 8-10 days. Thereafter, after beating her and abusing her in the house of relative, she was driven out. At that time, he was demanding amount of Rs.50,000/- for purchasing motorcycle. Therefore, she was forced to file report again under Section 498- A of IPC. It is stated that petitioner has performed second marriage. Even the relatives of the petitioner are pressurizing her for dissolution of marriage. She has expressed readiness to cohabit with the petitioner and therefore, she prayed for dismissal of the petition.