MADHURI ASWANI Vs. ARJUNDAS ASWANI

JUDGEMENT

(1.) THIS appeal has been preferred under Section 19 of the Family courts Act, 1984 calling in question the judgment and decree dated 5-11-2003 passed in Civil Suit No. 34-A/2002 passing decree of divorce on the ground of cruelty.

(2.) IT is not in dispute that the marriage of Arjundas with Madhuri was performed some time in the year 1994. Husband filed an application under section 13 of the Hindu Marriage Act seeking divorce on the ground that madhuri was mentally retarded, still her marriage was performed. She was treated by Doctor Pradeep Kumar, but, her condition ultimately did not improve. She used to go back to her house without permission and brother-in-law; Nanakram used to visit her and Madhuri used to stay with him without informing the husband for several days, her search had to be made number of times. On one of the occasions Nanakram was found with Madhuri in objectionable condition. It was objected to by the husband, at that time he was humiliated. Thus, Madhuri was living an adulterous life, when husband objected false report was lodged against; husband and family members about MARPEET etc. , whereas his brothers were residing separately for the last six years, false complaints were lodged. Considering the strained relationship, Panchayat of sindhi Samaj was convened. Wife obtained a sum of Rs. 1 lakh and a compromise (P-6) was entered into for obtaining divorce by mutual consent, that was filed in the Court. Sum of Rs. 1 lakh was received by the wife. She started demanding further amount which was not paid. Thereafter she lodged a false report under Section 498-A of the IPC. Thus, her conduct was that of cruelty. She levelled other false allegations as against family and husband. It was also an act of cruelty. It was not any more possible to live with the wife. Hence, application seeking divorce was presented.

(3.) IN the written statement it was contended by the wife that she was in a fit mental state, no cruel treatment was imparted. She was not having illicit relation with Nanakram his brother-in-law. It was a false allegation levelled as she was harassed, she had lodged a police report. She was not having any source of livelihood. She was spending amount out of Rs. 1 lakh received by her in the panchayat. She has never treated her husband with cruelty. On the other hand she was harassed. There was no reason to obtain the divorce. She wanted to live with her husband. Husband was also not able to properly look after the daughter. As such it was prayed for that the application seeking divorce be dismissed.