SHRI RAKESH, S/O MANOHAR KARWADE Vs. SMT. LAXMI @ KIRAN, W/O RAKESH KARWADE
HIGH COURT OF BOMBAY
Shri Rakesh, S/O Manohar Karwade
Smt. Laxmi @ Kiran, W/O Rakesh Karwade
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VASANTI A.NAIK,J. -
(1.) By this family court appeal, the appellant-Husband challenges the judgment of the Family Court, dated 30.11.2015 dismissing the petition filed by him for a decree of divorce under Section 13(1)(ia) of the Hindu Marriage Act.
(2.) Few facts giving rise to the appeal are stated thus:The appellant-Husband (hereinafter referred to as 'the husband' for the sake of convenience) was married with the respondent-Wife (hereinafter referred to as 'the wife') at Buddhabhoomi, Nagpur on 09.04.2001 as per rights and custom prevailing in their community. The marriage was a love marriage but the same was solemnized after securing the consent of the parents of both the parties. After the marriage, the parties started residing together at Kalyan, where the husband was serving as a constable in Reserved Police Force. In the petition filed by the husband for a decree of divorce on the ground of cruelty, it is pleaded that the parties were residing at Kalyan and the other members of family were residing at Nagpur. It is pleaded that the parties happily resided together for only one year and thereafter, the wife started troubling the husband both, physically and mentally. Two girls were born from the said wedlock and Ku. Vidita and Nidhita were aged about eight years and 6 years at the time of filing of the petition. It is pleaded by the husband that the wife always suspected his character. It is pleaded that she used to confront him in respect of his suspected affairs and used to fight with him in a very loud voice. It is pleaded that the wife used to call his friends and his colleagues at the office so as to enquire about his relationship with women. It is pleaded that the wife always did this with a view to defame the husband. It is pleaded that the wife was in the habit of checking the purse of the husband and used to always ask for money. It is pleaded that the wife was very adamant and quarrelsome and did not fulfill the wishes of the husband. It is pleaded that the wife refused to have sexual relationship with the husband by stating that she was upset because of his illicit relationship with other women. It is pleaded that the husband felt very ashamed due to the behaviour of the wife and though he tried to give an understanding to the wife, the wife never changed her ways. It is pleaded that in the year 2008, the wife started quarreling with the husband in respect of his illicit relationship with the other women and she had visited the office of the husband along with his daughters in the school uniform. It is pleaded that in the year 2009, the parents and the cousin sister of the husband came to Kalyan to stay with the parties but the wife did not approve about the visit of the guests and created a scene. It is pleaded that the wife did not do the household work and did not rise early in the morning with a view to harass the husband. It is pleaded that because of the behaviour of the wife, the husband was fed up and it was not possible for him to stay with the wife under one roof. It is pleaded that the wife used to abuse the husband and his family members in filthy language. It is pleaded that the wife left the company of the husband at the end of July 2011 and the parties are living separately since then. On the aforesaid pleadings, the husband sought a decree of divorce on the ground of cruelty.
(3.) The wife filed the written statement and denied the claim of the husband. All the adverse allegations made by the husband against the wife were denied by the wife. The wife pleaded that till the birth of both the daughters, the husband and the wife were residing happily. It is pleaded that the husband had bad vices. It is pleaded that the husband was in the habit of drinking and in the intoxicated state, he used to beat the wife. It is pleaded that the wife was physically beaten by the husband on a number of occasions, sometimes by the blows of fists and legs and sometimes, he used to pull the wife by her hair. It is pleaded that the wife became aware that the husband was interested in Meena Shinde, who was a bar girl. The wife pleaded that the husband had an illicit relationship with Yashoda Bhisikar after he was transferred to Nagpur in the month of February 2012. The wife pleaded that the husband was living with Yashoda Bhisikar who was his classmate till his matriculation. The wife pleaded that the character of the husband was not good and that he had told the wife that he would not break his ties with Yashoda. It is pleaded that the wife had not levelled false or baseless allegations against the husband and her allegations were true and correct. The wife stated about the cruel behaviour of the husband in detail in her written statement. The wife pleaded that the husband had treated the wife badly and by filing the petition for a decree of divorce, he was taking advantage of his own wrong. The wife sought for the dismissal of the petition filed by the husband.;
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