SANJAY PATIL Vs. SARIKA

JUDGEMENT

(1.) The appellant/husband has filed this first appeal under Sec. 19 of the Family Courts Act, 1984 against the judgment and decree dtd. 23/1/2009, whereby the Second Additional Principal Judge, Family Court, Indore has dismissed the petition filed under Sec. 13(1) (1-a and 1-b) filed under the Hindu Marriage Act, 1955.

(2.) The facts of the case are that the marriage of appellant with respondent was solemnized on 22/4/2002 in Pune. After the marriage, there is no issue between them. According to the appellant after the marriage the behavior of the respondent cruel, she used to threaten the appellant and his family member for lodging an F.I.R. of dowry demand and the suicide. On 24/11/2002 she made effort to commit suicide and the information to that effect was given to the police. The appellant submitted an application to the Mahila Paramarsh Kendra on 9/5/2003 and compromise was arrived on 2/6/2003 and thereafter, they lived together for some period.

(3.) Again she started behaving in the same manner and the left the house of the appellant on 30/7/2003. He filed a petition for divorce on 21/10/2003, in which the compromise was arrived and she came back to his house on 28/11/2004. The appellant withdrew the said case on 31/1/2005. Thereafter, again she deserted on 30/7/2005. The appellant filed an application for divorce on 23/8/2005 but the same was withdrawn on 19/12/2006.