Decided on February 06,2017

Bharti W/O Anil Chauhan Appellant
Anil S/O Chotelal Chauhan Respondents


Vasanti A. Naik, J. - (1.) By this family court appeal, the appellant challenges the judgment of the Family Court, Nagpur dated 29.02.2016 dissolving the marriage solemnized between the appellant and the respondent by a decree of divorce on the ground of desertion.
(2.) Few facts giving rise to the family court appeal are stated thus :The marriage of the appellant-husband (hereinafter referred to as the "husband" for the sake of convenience) and the respondent-wife (hereinafter referred to as the "wife") was performed at Nagpur according to Hindu rites and customs on 04.12.2005. It is the case of the husband in the petition filed by him for a divorce under section 13(1) (ia), (ib) and (iii) of the Hindu Marriage Act that the wife did not behave properly with the husband right from the inception of the marriage. It is pleaded that the husband and his family members noticed that the behaviour of the wife was not normal, that she used to stay alone in the house, laugh when she was all alone and was not bothered about what was going on in the house. It is pleaded that the respondent was not cautious about wearing clothes and did not behave prudently. It is pleaded that the wife was not mentally sound. It is pleaded that the wife did not take care of the family members and also the child that was born from the wedlock. It was pleaded that on 11.08.2008, when the wife was being treated for her mental illness at the hospital of Dr. Parsodkar, the wife left the matrimonial home along with her mother after her mother created a drama in the house. It is pleaded that despite the best efforts of the husband, the wife did not return to the matrimonial home. It is pleaded that the wife is residing in the parental home since 11.08.2008. It is pleaded that the husband served two notices on the wife dated 07.06.2011 and 20.06.2011 that the marriage should be dissolved, if she is not willing to reside in the matrimonial home, but the wife did not reply to the said notices. It is pleaded that the wife was residing separately in the parental home for about five years and the husband was entitled to a decree of divorce on the grounds raised in the petition.
(3.) The wife filed the written statement and denied all the adverse facts pleaded in the petition filed by the husband. The wife denied that she suffered from a mental problem and further denied that she had deserted the husband. The wife admitted that she was residing separately from the husband since 11.08.2008. The wife, however, denied that there was any fight between the parties on 11.08.2008 and after her mother created a drama in the house of the husband, she had left the matrimonial home. The wife pleaded in her specific pleadings that since the husband wanted to create some false evidence against the wife in respect of her mental illness, her mother had objected to the same and taken her back to the parental home so that her health could be improved and she should not suffer from mental trauma. The wife pleaded that though she had asked the husband to take her back to the matrimonial home, the husband did not do so. The wife lastly pleaded that she was ready for cohabitation and the petition filed by the husband was liable to be dismissed.;

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