Decided on March 23,2017

Manoj S/O Shreeram Ganveer Appellant
Smt. Urmila W/O Manoj Ganveer Respondents


VASANTI A.NAIK,J. - (1.) By this family court appeal, the appellant-husband challenges the judgment of the Family Court, Nagpur dismissing the petition filed by the husband for a decree of divorce on the ground of cruelty and desertion.
(2.) Few facts giving rise to the family court appeal are stated thus: The appellant-husband was married with the respondent-wife at Nagpur on 26.10.1997 as per the rites and customs prevailing in their community. After the marriage, the parties started residing together in the matrimonial house at Kalyan and a son and a daughter were born from the wedlock. According to the husband, the wife behaved well for about a year from the marriage but thereafter she started behaving illogically and adamantly. According to the husband, the wife started harassing and torturing the husband physically and mentally. Since the wife had left the matrimonial home on 30.08.2003 after raising a quarrel on a petty issue, the husband filed proceedings for restitution of conjugal rights but the said proceedings were dismissed. Since the respondent-wife was not ready to cohabit with the husband, the husband filed the proceedings for a decree of divorce on the ground of cruelty and desertion. It was pleaded by the husband in the said petition that the wife was not desirous of cohabiting with the husband and demanded a divorce on many occasions. It is pleaded that the wife had made various false complaints against him before different authorities and had defamed the husband. It is pleaded that due to the whimsical behaviour of the wife, the wife had made the life of the husband miserable and that he was forced to lodge police report against the wife. It is pleaded that the wife had also lodged a false police report against the husband under section 498A of the Penal Code. It is stated that after levelling serious allegations against the husband and creating a scene over a petty issue on 30.08.2003, the wife left the husband along with the children, never to return to the matrimonial home. It is pleaded that though the husband and his family members tried to reconcile the matter, the wife was not ready to mend her ways. It is pleaded that earlier also, the wife had left the house in the year 1999 and the matter was settled with the help of elders. It is pleaded that the wife had withdrawn from the society of the husband without any just and reasonable excuse and hence, the husband was entitled to a decree of divorce on the ground of cruelty and desertion.
(3.) The wife filed the written statement and denied the claim of the husband. All the adverse allegations that were levelled against the wife by the husband were denied by her. The wife pleaded in the specific pleadings that the husband was in the habit of establishing extra marital relationship with different ladies, who became friendly with him and he also had an extra marital relationship with the maidservant in the house. The wife pleaded that whenever she asked the husband about his extra marital relationships, the husband used to harass and ill-treat her. The wife stated that the wife was fed up with the objectionable behaviour of the husband. The wife further pleaded that she had reliably learnt that the husband had married one of his friends and some issues were born from the said relationship. It is pleaded that the friend of the husband is residing with the husband under one roof as his wife. The wife sought for the dismissal of the petition filed by the husband.;

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