DEVI NIKET PILLAI Vs. NIKET N PILLAI

JUDGEMENT

(1.) This Appeal is filed by the petitioner-wife against the order, dated 08-02-2011 passed in O.P.No. 278 of 2009 on the file of the Judge, Family Court, Ranga Reddy District at L.B. Nagar. The appellant herein is the petitioner in the said O.P. For convenience sake, the parties hereinafter will be referred to as they were arrayed in the O.P. The petitioner-wife filed the said-O.P. before the lower Court under Sections 13(1)(ia) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') to grant divorce by dissolving the marriage between herself and the respondent. The averments of the petition, which are necessary for the disposal of this appeal, read as follows:

(2.) The petitioner met the respondent in 1992 when they were living in opposite buildings. Subsequently, they got acquaintance and both of them wanted to marry, and accordingly, they got married on 09-02-1997 at Shiv Shankar Mangal Karyalaya, Maharshinagar, Pune - 37. The respondent got job at Chiplun. The petitioner, who was working in NUT, also moved to Chiplun. Subsequently, the respondent was transferred to Pune. The respondent, being the male person, always used to dominate the petitioner and was taking her entire salary of Rs. 10,000/- per month, for which the petitioner never objected. In 1998, the petitioner's sister-in-law got married at Kerala, and the respondent and petitioner went to that marriage. Since the language and traditions are different, the petitioner could not actively take part in the marriage for which the respondent always used to call her as useless person and was hurting her feelings. In January, 1999, the mother of the respondent passed away and the entire household work was looked after by the petitioner since she is the only female person in the house. In February, 1999, the petitioner got pregnancy. The respondent never took her to the hospital for medical check ups. The respondent forced the petitioner to quit her job, and when she left the job, the respondent found fault with her stating that she had lost the job which would fetch Rs. 10,000/-per month. Some arguments went on between them during the course of which the respondent pressed the neck of the petitioner. All the time the respondent was using bad language and abusing the petitioner in filthy language. The petitioner, in order to improve their financial condition, had taken up a job at HSBC at Hyderabad, and came to Hyderabad leaving the child with her mother. Many times the respondent assaulted the petitioner as a result of which she got black scars on her arms. All the time the respondent was criticising her dressing style and was always commenting on her physical parts. She could not enjoy the marital life with the respondent. A son was born to the petitioner on 03-10-2004. The petitioner had to attend the duty during night shift. She used to work at night and come home late in the morning hours. Even after five years of the marriage, there is no mutual love and affection developed between the petitioner and the respondent.

(3.) The respondent filed counter denying the allegations made by the petitioner. He stated that he never mis-behaved with the petitioner and he looked after her very well. He was present at the time of her delivery on 23-11-1999 and attended all the formalities. He never objected her dress style and never commented about her physical appearance and private parts of her body. The allegations regarding bathroom incident are also false. He further stated that from the beginning the petitioner is not interested in sexual life with him. He never mis-behaved with the petitioner at Kerala trip. He encouraged her to have social life.