V.A. Naik, J. - (1.) SINCE the parties to these Family Court Appeals are the same and since the Family Court, Nagpur has decided the petition fled by the husband for a decree of divorce as also the petition fled by the wife under Section 9 of the Hindu Marriage Act for restitution of conjugal rights and a petition fled by the wife under Sections 18 and 20 of the Hindu Adoptions and Maintenance Act, 1956 by the common judgment, the appeals are heard together and are decided by this common judgment.
(2.) THE husband had fled a Hindu Marriage Petition in the Family Court under Sections 13(1)(i -a) and (i -b) of the Hindu Marriage Act for a decree of divorce on the ground of desertion and cruelty. So also, the wife had fled a Hindu Marriage Petition against the husband for restitution of conjugal rights. The wife had fled yet another petition under Sections 18 and 20 of the Hindu Adoptions and Maintenance Act for grant of maintenance for herself and her minor daughter. The marriage between the parties was solemnized at Nagpur on 19th May, 2001 according to Hindu Rites and Customs. It is the case of the husband in the Hindu Marriage Petition for divorce that the wife behaved badly with the husband right from the inception of the marriage and treated him with mental and physical cruelty. According to the husband, the wife was suffering from leukoderma on her right hand in pores of fingers, but the said fact was concealed by her at the time of marriage. It is pleaded by the husband that the wife behaved erratically with the husband and his family members and used to become violent on petty issues. It is pleaded that the wife refused to cook food in the house and used to sleep in the bedroom by locking the door from inside. It is pleaded that within a few months from the marriage, the husband started residing in Bahrain for his job and the wife also joined his company nearly a year thereafter. It is pleaded by the husband that when violent, the wife used to hammer the doors and throw tantrums. According to the husband, the behaviour of the wife disturbed the peace and harmony in the matrimonial home. It is pleaded that in August, 2004, when the wife became pregnant, she started quarreling with the husband for no rhyme or reason. It is pleaded that the wife refused to have physical relationship with the husband and did not talk to him for days together. It is pleaded that though the husband wished to join the company of the wife when she returned to India for her delivery, the wife refused permission to the husband, to do so. It is pleaded that in October, 2005, when the husband came to Pune from Bahrain, he contacted the wife and informed her about his desire to meet her and the child but the wife threatened the husband that if he dares to come to Nagpur, she would implicate him in false criminal cases. According to the husband, the wife had severed the relationship with the husband since August, 2004 and hence the husband was entitled for a decree of divorce on the ground of cruelty and desertion.
(3.) THE wife fled the written statement and denied the claim of the husband. The wife denied that she was suffering from leukoderma on her right hand. It was denied that the wife treated the husband with cruelty. It was denied that the wife refused to cook for the husband and used to ill treat the mother and sister of the husband. The wife denied that she threw tantrums and abused the husband. Though each and every averments made in the petition was not denied specifically, the wife denied the allegations made in the petition. The wife pleaded that the father and mother of the husband were interfering in the private life of the husband and wife right from the inception of the marriage and at their instigation, the husband had fled the petition for divorce. It was pleaded that the husband had refused to take the wife to the matrimonial home after she returned to India for the delivery of the child. The wife sought for the dismissal of the petition fled by the husband. The wife fled the Hindu Marriage Petition for restitution of conjugal rights pleading therein that though the wife was ready and willing to reside with the husband, the husband had refused to take the wife in the matrimonial home along with the baby girl. The wife claimed monthly maintenance of rupees one lakh for herself and Rs. 50,000/ - for the minor daughter by fling a petition under Sections 18 and 20 of the Hindu Adoptions and Maintenance Act.;