ATMARAM Vs. SANGITA

JUDGEMENT

(1.) Heard. Rule. The Rule is made returnable forthwith. The learned advocate for the Respondents waives service. At the request of both the sides the matter is heard finally at the stage of admission.

(2.) The Applicant was married to the respondent no.1 on 15.05.1993 and the couple was blessed with Respondent nos. 2 and 3 daughters out of the wedlock. He is impugning the concurrent findings in the judgment and order passed by the Magistrate in a proceeding initiated by the Respondent no.1 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred as to the 'D.V. Act') dated 02.11.2017 and the one passed by the learned Sessions Judge in the appeal preferred by him whereby the Sessions Judge dismissed it by the judgment and order dated 17.10.2018.

(3.) Shorn of verbiage the averments of the Respondent no.1 in her complaint under Section 12 of the D.V. Act are to the effect that since after the marriage on 15.05.1993 she started cohabiting with the Applicant in his house at Tandalwadi (Bhilla) Taluka and District Beed. Since the marriage itself he subjected her to physical and mental abuse by declaring that he wanted to marry with an educated girl but had to marry her who was illiterate. Some how she continued to pull on. She then alleged that he played a fraud by deceiving her to get an admission to D.Ed. course by showing her to be a divorcee and compelled her to obtain a divorce in Hindu Marriage Petition No.66 of 2000. He compelled her to give consent for such divorce by threatening her to desert her and the daughters. He promised her that the decree would only be a paper decree and obtained a decree for divorce on 20.10.2000. She further averred that in spite of passing of such a decree for divorce she continued to cohabit with him in the same household as husband and wife along with their daughters and stayed there for a period of ten long years.