SHRADDHA W/O PRASAD GANU Vs. PRASAD S/O NILKANTH GANU
LAWS(BOM)-2018-6-90
HIGH COURT OF BOMBAY
Decided on June 15,2018

Shraddha W/O Prasad Ganu Appellant
VERSUS
Prasad S/O Nilkanth Ganu Respondents

JUDGEMENT

S.M. Gavhane, J. - (1.) The appellant wife (hereinafter referred to as the 'respondent') against whom decree for divorce under Section 13 (1)(ia) of the Hindu Marriage Act, 1955 has been passed on 11.08.2017, in petition No.A342/2016 filed by present respondenthusband (hereinafter referred to as the 'petitioner'), by the Principal Judge, Family Court, Aurangabad, has preferred this appeal being aggrieved by the said decree.
(2.) Facts giving rise to this appeal, in short, are as under: A] The marriage between petitioner and respondent was solemnized on 05.01.2013 according to the Hindu Vedic Rites and it is love marriage. After marriage they resided at Aurangabad and one son is born from the said wedlock, who is in the custody of respondent. B] Case of the petitioner/husband before the Family Court was that within 4 to 5 months of the marriage the respondent/wife on some ground or other started taunting his parents and pick up a fight. The petitioner being only son of his parents, they tolerated respondent's mental and physical illtreatment. Even after birth of the son, there was no change in the behavior of the respondent. She also started illtreating the petitioner. According to the petitioner, on being frustrated, his parents and he himself being fed up with the conduct and behavior of the respondent decided in February, 2016 to live separately from his parents. In spite of living separately, there was no change in the behavior of respondent. C] Further, it is the case of the petitioner that the respondent threatened him that she would send him and his parents to jail, as her mother is criminal lawyer. She left all the gifted jewellery given to her by his father, at her mother's house. He used to hand over entire salary to her. Both of them were earning but income was not huge. The respondent used to insist for buying a flat, airconditioner, car, Fridge and TV. He gave understanding that their economical condition is not so good, but in vain. The respondent being short tampered, was insulting him in presence of the relatives, friends and guests. D] According to petitioner on 29.06.2016, there was Death Anniversary of father of respondent. Due to work he reached home at 11.00 O'clock. The respondent quarreled with him on the issue of his returning home late. The petitioner found pizzas at home. He inquired from the respondent about it. The respondent in a fit of anger attacked him. She scratched him with her nails, hit him with kicks and blows. One of the blows hit on his eye and the same turned black. He got injuries on his neck and chest. Since the incident occurred at night, on the next day i.e. on 30.06.2016, he went to the police station and lodged complaint against the respondent, being Crime No.1754/2016 dated 02.07.2016. He was sent by the police to Ghati Hospital, Aurangabad for medical examination and treatment. E] According to the petitioner, after the said incident, due to mental and physical illtreatment at the hands of respondent, it is not possible to continue to live with the respondent. He apprehends danger to his life. The mother of respondent on telephone abused and threatened the petitioner of filing false criminal complaints and sending him to jail. In these circumstances, the petitioner filed petition for dissolution of marriage and ultimately prayed to dissolve the marriage between him and the respondent on the ground of cruelty. F] Respondent/wife resisted the petition by filing reply at Exh.9. She has admitted her marriage with the petitioner and birth of son from said wedlock. However, she has denied almost all the allegations made against her by the petitioner attributing cruelty to him by her. G] Case of the respondent is that being a love marriage, the parents of the petitioner and his relatives were against the marriage. The entire marriage expenses of Rs.4.5 lacs to 5 lacs including jewellery had to be met by her parents. On 07.01.2013, the mother of the petitioner on the pretext of keeping all the ornaments in the locker, recovered the same. Since then till date, her jewelery is in custody of mother of the petitioner. The petitioner and his parents behaved with her properly only for one month. The house of the petitioner is two storey. On the first floor there is a kitchen. On the second floor there is a bed room of the petitioner and respondent. Father of the respondent used to close the door of the first floor from 11 to 4 pm. The respondent used to bring food of the petitioner and herself on the ground floor. The respondent further contends that during her pregnancy, the petitioner would go with her every month for medical checkup. In her 3rd month of pregnancy, the Doctor enquired about diet and she informed that except two meals she is not allowed to eat. The petitioner and his parents were angry with respondent for informing the doctor about her diet. Hence, she was abused. She then left for her mother's house at Chinchwad. H] Further, it is the case of the respondent that in June, 2013, the petitioner wanted to buy Royal Enfield Motorcycle, hence he demanded from her to bring Rs.1,00,000/ from her mother. Her mother gave Rs.60,000/ to the mother of the petitioner. The baby shower was held at Aurangabad. At that time, mother of the petitioner demanded moneys to purchase a car for the petitioner. On refusal of mother of respondent, the mother of the petitioner informed her mother that the delivery and naming ceremony function will not be held at Aurangabad and the mother of respondent will have to spend for the function. The respondent delivered a baby boy on 05.12.2013. The mother of respondent gifted all gold and silver ornaments to the baby boy. She spent Rs.1.5 lacs to 2.3 lacs. Then respondent returned to her matrimonial house. The mother of the petitioner told the respondent that all the jewelery she would keep in the locker and accordingly had taken jewelry from her and till date all the jewelery is in her custody. I] According to the respondent, the petitioner then demanded Rs.75,000/ from her mother to purchase a big LED TV and her mother gave Rs.25,000/ as she could not give the entire amount. The petitioner has vices of smoking, eating tobbaco and drinking alcohol. He used to return home late on 02.00 am under influence of liquor and pick up fights with her on any issue and beat her. J] Further it is the case of the respondent that on 05.01.2016 there was first wedding anniversary and as the petitioner did not return till 10.00 pm she inquired to his parents. Father of the petitioner abused her and drove her out of the house by pulling her hair. Her mobile was also snatched away. On 10.01.2016, she lodged a police complaint being N.C.No.26/2016 against the petitioner and his relatives. She informed her mother about it. Her mother came to Aurangabad. Mother of petitioner assured her mother that the petitioner and respondent would reside separately from them in a rented premises and the petitioner would stop consuming alcohol. Then they started residing in rented premises at Garkheda, Aurangabad. K] Thereafter, for 2 to 3 months the petitioner behaved properly. The visits of the parents of the petitioner were frequent. Thereafter, there were fighting for noreason and petitioner started abusing her. The petitioner was not giving her monies for admission of the son. She had to take Rs.10,000/ from her mother to get admission of son in July, 2016. She demanded her jewelry from the petitioner, but he avoided to bring the same. On 29.06.2016 when there was death anniversary of her father at midnight 12.30 hours the petitioner came house under the influence of liquor. When she inquired to him about her jewelery, he got angry and told her that his mother would not give jewelry and beat her. He beat on her left ear. He was leaving home alongwith minor son. He tried to throttle her, hence she started screaming. On hearing her screams, their landlord came out and rescued her from the petitioner. Therefore, she lodged the complaint being NC No.1750/2016. Since then she is residing with her mother. Thereafter, she made efforts to return to matrimonial house, but the petitioner and his relatives have refused to accept her. Therefore, on 03.08.2016 she filed a police complaint against the petitioner and his relatives and offence punishable under Section 498A of the IPC was registered. Since then she is residing in the rented premises. The petitioner has deserted her and has filed this false petition. She prayed to dismiss the same. L. Learned Principal Judge of the Family Court framed following two issues at Exh.14. 1. Whether the petitioner proves that respondent has, after solemnization of the marriage, treated the petitioner with cruelty? 2. Whether the petitioner is entitled to a decree of divorce? M. On behalf of the petitioner, in evidence he produced his affidavit at Exh.16 and relied upon certain documents which would be referred later on and on behalf of respondent in evidence, she has produced her affidavit at Exh.21 and she also relied upon certain documents. Considering the evidence adduced by the parties, the trial Court held that the petitioner has proved that the respondent has after solemnization of the marriage treated the petitioner with cruelty and further held that the petitioner is entitled to a decree of divorce. Thus, on answering both above referred issue Nos.1 and 2 in affirmative the Principal Judge, Family Court, Aurangabad by the judgment and order dated 11.08.2017 allowed the petition and passed a decree of divorce directing that the marriage solemnized between the petitioner and the respondent on 05.01.2013 is dissolved by a decree of divorce under Section 13 (1) (ia) of the Hindu Marriage Act from the date of said order.
(3.) Being aggrieved by the aforesaid decree of divorce, the respondent wife has filed this appeal on several grounds mentioned in the appeal and mainly on the ground that the trial Court has wrongly held that she has treated the petitioner with cruelty. She has prayed to set aside the impugned decree by allowing the appeal.;


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