PHIRANGIRAM DESHMUKH Vs. SARASVATI BAI

JUDGEMENT

(1.) The appellant filed a petition for divorce under section 13(ia)and 13(ib) of the Hindu Marriage Act, 1955 on the ground that the respondent/wife treated the appellant with cruelty and has deserted him for a continuous period of two years immediately preceding the presentation of the petition. The petition was filed on 3.4.1983.

(2.) As per the allegations in the petition, in the year 1969 the appellant married the respondent at village Dhongaon, tahsil and district Durg; in the year 1978 Gouna ceremony was performed and the respondent Sarasvati Bai started living with the appellant/husband; in the year 1979 a son by name Pradeep was born out of the wed-lock; in the year 1980-81 without there being any lawful cause or reason, the respondent left the matrimonial home at village Mougri and went to village Dhongaor. the residence of her parents, and since then she is living separately. It was further alleged that the respondent ill-treated the mother and sister of the appellant and made charges of their adulterous relations with the appellant; the respondent used to spent her time without restrain and called a caste Panchayat at village Mongari expressing her wish to live separately; the respondent has not stopped at this and has made a false report to the police alleging beating given by the appellant to the respondent on 8.5.1987; the police has registered a case against the appellant; all these acts of the respondent constituted a cruel treatment meted out to the appellant and her leaving the matrimonial house without there being any lawful reason tantamounted to desertion of the appellant.

(3.) The respondent entered appearance and alleged that she was given a beating on 8.5.1987 for which a report was lodged with the police and a criminal case has been registered against the appellant under section 498-A of the Indian Penal Code, which is still pending consideration; during her illness at the house of the appellant, she was not looked after by the appellant or his family members, nor any arrangements were made for her treatment; the appellant used to indulge in forcible sexual intercourse with her without her consent; the appellant has illicit relations with one Tamin Bai, daughter of Lakhanlal Chandrakar of village Madoda and he wants to marry her and that is the reason for filing the present petition for divorce. It was further alleged that as the appellant wants to marry another girl, he constantly ill-treated the respondent; in fact the appellant forced the respondent to leave the matrimonial home because of the cruel treatment meted out to her; in the year 1976 a village Panchayat was called and the respondent is provided with a room in the house of the appellant where she is living; she do not want a divorce and she wants to live with the appellant. Thus, in a nut-shall, the case of the respondent is that at present she is living in the house of the appellant and that there is no desertion for a period of two years prior to the presentation of the petition and that she has not ill-treated the appellant and on the contrary ill-treatment was given to her by the appellant and his family members.