MOHAMMAD SHARIF Vs. NASRINE

JUDGEMENT

(1.) Husband appellant has filed this appeal against the judgment and decree dated 4-3-1994 passed by the Judge, Family Court, Udaipur whereby a decree of divorce has been granted in favour of the respondent wife.

(2.) In her petition for divorce the respondent wife has stated that marriage between the parties took place on 23-10-1991 according to Muslim rites and immediately after their marriage when she was taken into the family of in-laws, there was a wedding on the next day of the daughter of her husband's elder brother. After staying for that day the wife came back to her parental house as there was a wedding of her brother. It was after 8 days the husband came to fetch her and, she accompanied him. It is said that a room was provided to the couple, where they lived for 2-4 days and thereafter she, her husband and husband's father and mother went to Kapasan and from there to Bhoopal Sagar, which is a religious place. At Kapasan the family of the husband owns their ancestral house. It is alleged in the petition that after about 15 days they went back to the matrimonial home and the family of the husband consisted of his parents, elder brother, his wife and children all living jointly in a small house which consists of one room and a varandah. It is further said in the petition that the husband used to live and sleep in the room which was occupied by his brother's family consisting of wife and children and the wife (respondent) was asked to sleep in the varandah with her in-laws and on being asked as to why she has been asked to sleep in the varandah the husband (appellant) started beating her. She was told that the marriage between them was only a ritual and the husband will live in his own style and she would not interfere in the same. She is said to be further threatened that in case she opens her voice about it he will kill her. When the wife complained about the behaviour of the husband he turned her out of the house and ever since then she is living with her parents.

(3.) In the reply filed by the husband, the allegations levelled against him were denied. It has been specifically said in the reply that it was totally wrong that the husband used to sleep in the room along with the family of his brother and the wife was asked to sleep in the varandah with her in-laws. The husband has further stated that the wife was continuously insisting upon him to live separately from the family of his parents and in view of his economic condition he could not do it and on the pretext of attending the wedding of a friend the wife abruptly left him and never returned thereafter.