SUMAN RAMCHANDRA SHETYE Vs. RAMCHANDRA SAKHARAM SHETYE

JUDGEMENT

(1.) This appeal arises out of a decree for divorce sans alimony passed against the appellant.

(2.) Appellant is the wife and the respondent her husband, married on 8-2-1964. The marriage was an arranged one and the appellants parents hailed from Kolhapur. The couple have two issues, both sons, Shailesh and Prashant by name. The later was born after 15-8-1975 from which date the couple have not resided together. That an incident involving violence to the person of the husband did take place on 15-8-1975 is not disputed. Thereafter, a number of letter were exchanged between the couple and also written by them to various persons including suppliers of food etc., to the wife and children, the school authorities and the landlord to whom belongs Block No. 1 in the building Vina Vihar at Roshan Nagar, Borivli (West), Bombay-400 092.

(3.) The husbands petition seeking a divorce was initially on the ground of desertion. The version was that the wife has deserted him as from 15-8-1975 and this sufficed to entitle him to a divorce. After the wife had filed a written statement contending that it was the husband who had deserted her, the husband amended his petition, pleading cruelty on the part of his spouse as a ground for divorce. It was alleged that the husband has been subjected to almost incessant cruelty by the wife and her relation acting on her behalf and at her instigation. This cruelty consisted of taunts, constant nagging, violence and insulting behaviour. The same was intolerable and on 15-8-1975 he was driven out after having been beaten by the wifes brother Anant.