HARSHAD GALA Vs. ILLA GALA

JUDGEMENT

(1.) Aggrieved by the order dated 12.07.2006 passed by the Family Court, Hyderabad in O.P.No.838 of 2004, in favour of the respondent-wife, the appellant-husband has challenged the legality of the said order.

(2.) Briefly, the facts of the case are that the appellanthusband, Harshad Gala, was married to the respondent-wife, Illa Gala, on 29.04.1985 at Mumbai as per the Hindu rites and customs. During their wedlock, they were blessed with a son. However, according to the respondent-wife, the marriage was on the rocks from day one. For, the appellant was neither working, nor looking after the welfare of the family. Moreover, she was subjected to physical and mental cruelty, both by the husband and his family members. Unable to bear the harassment meted out to her, she left the matrimonial home on 14.01.1991, came from Mumbai to Hyderabad, and started living in Hyderabad. In order to support herself and her child, she started a business in hosiery garments and related items. According to the respondent-wife, for three years she did not hear a single word from the appellant-husband. It is only in the year 1994 that he appeared before her, and claimed that he was a completely changed person. Believing his words to be true, the couple resumed their cohabitation. However, after a lapse of two years, the respondent-wife, to her dismay, discovered that the appellant was going back to his bad habits which she had faced when she was living with him in Mumbai. Due to the physical and mental cruelties again inflicted upon her, and due to the antics of the appellant, even the landlord asked the appellant to vacate the house. Without any rhyme or reason, the appellant-husband left the company of the respondent-wife and returned back to Mumbai. Having waited for another period of three years, for him to return, in the year 2004, the respondent-wife filed a divorce petition under Section 13(1)(ia)(ib) of the Hindu Marriage Act, 1955.

(3.) In order to support her case, she examined herself as a witness, and submitted a single document.