DEEPAK GANGARAM AHIRRAO Vs. SUNITA DEEPAK AHIRRAO

JUDGEMENT

(1.) Present appeal has been filed by the original petitioner husband challenging the concurrent findings of dismissal of his petition under Section 13 of Hindu Marriage Act bearing Hindu Marriage Petition No.121 of 2010 by Joint Civil Judge, Senior Division, Amalner Dist. Jalgaon on 29-08-2011 and Regular Civil Appeal No.34 of 2011 by learned Adhoc District Judge-1, Amalner Dist. Jalgaon dated 08-01-2016.

(2.) Before turning to the disputed facts it is necessary to take a glance at the admitted facts. Petitioner - husband got married to respondent - wife on 29-04-2002 at Amalner as per Hindu Rites. At that time the petitioner was serving at Shirur Dist. Pune whereas his native place is Dighave Tq. Sakri Dist. Dhule. Further it is an admitted fact that, wife received burn injuries on 12-04-2003, when she was pregnant of seven months. On the basis of First Information Report lodged by her, an offence under Section 498-A, 307 read with 34 of Indian Penal Code came to be registered against the petitioner and his mother. They were in jail for some days before their release on bail in that matter. The petitioner and his mother faced prosecution in Sessions Case No.84 of 2003, which was on the basis of the said FIR.lodged by the wife. They both were acquitted by learned Sessions Court, Dhule on 20-02-2007. Further it is an admitted fact that, the wife had filed Special Civil Suit No.45 of 2004 with Civil Judge, Senior Division, Amalner for expenses of medical treatment and maintenance. It was decided on 08-04-2009 in favour of wife.

(3.) The original petitioner had come with a case that, after the marriage, the wife was contending that, the marriage was against her wish. She was not behaving properly. She stayed at Dighave for two months after marriage and during that period she was not doing any household work. She used to pick up quarrels with husband. She also used to say that, she should be taken to Shirur where husband is serving. In 2002 after the festival of 'Rakshabandhan', she was brought to Shirur and husband and wife started residing in rented premises. When the mother of the husband joined them, wife started taking objections, insulting mother-in-law and insisting that a big house should be taken by selling the agricultural land belonging to the father of the husband. She used to give threat to commit suicide. She had raised quarrels with mother-in-law on 10-04-2003. Thereafter after she received burn injuries on 12-04-2003, she was taken to hospital by the husband, his parents and her brother. Initially she had given statement that, she received burn injuries due to the blasting of stove, however later on, on the say of her parents, she changed version and lodged FIR.against husband and mother-in-law. It is also contended that, since she has sustained burn injuries up to 38%, she has become ugly and on that count there will not be good matrimonial relations between him and her. Since last about more than six years, when they are separately residing due to the fault on the part of wife and all the efforts to bring them together have failed, he prayed for dissolution of marriage on the ground of cruelty.