V.A. Naik, J. - (1.) BY this Family Court Appeal, the appellant -husband challenges the judgment of the Family Court, Nagpur, dismissing the Hindu Marriage Petition bearing No. A -172 of 1997, filed by the appellant -husband for a decree of divorce on the ground of cruelty.
(2.) THE appellant -husband had filed a Hindu Marriage Petition under Section 13(1)(ia) of the Hindu Marriage Act for a decree of divorce. The marriage between the parties was solemnized on 17/05/1981 at Dhapewada. Two sons and a daughter are born from the wedlock. It is pleaded by the husband in the Hindu Marriage Petition that after the marriage, the parties resided at Nagpur for about two months and thereafter they lived at Mahurzari for about seven years. It is pleaded that during the stay of the wife at Mahurzari, she did not behave properly with the husband and picked up quarrel without any rhyme or reason. It is pleaded that the wife threatened the husband that she would implicate the husband and his relatives in false criminal cases. It is pleaded that the wife was very obstinate and she did not wish to improve her behaviour towards the husband. After leaving Mahurzari, according to the husband, the parties resided at Kalmeshwar for about five years. It is pleaded that the husband was serving as a teacher in the Zilla Parishad Primary School at Bramhanwada. It is pleaded that the husband was required to leave the house at 8.10 a.m. in the morning and returned home after attending his duties at 7.00 p.m., as Bramhanwada is at a distance of 16 kilometers from Kalmeshwar. It is pleaded that the wife was leading an adulterous life with Shri Anil Sangode, who was serving as a Gram Sewak when the parties were residing at Kalmeshwar. It is pleaded that Shri Anil Sangode was residing as a tenant in one of the rooms of the house of the husband. It is pleaded that on 25/07/1994 when the husband returned to his house, he saw his son Dattu weeping and when questioned, Dattu narrated that his mother is leading an adulterous life with Shri Anil Sangode. It is pleaded that the husband did not believe the statement made by his son Dattu, but after making enquiry from his neighbours, the husband became aware that his wife was living an adulterous life. It is pleaded that the husband and his children had to suffer great mental trauma because of the behaviour of the wife. It is pleaded that the husband had to leave Kalmeshwar in view of the aforesaid incident. It is pleaded that the husband and the wife resided at Nagpur in Wardhaman Nagar for about two years after they left Kalmeshwar. It is pleaded that after two years of residence at Wardhaman Nagar, the parties started residing at Deshpande Layout. It is pleaded that the husband informed the parents of the wife about the cruelty inflicted by her and hence, in the month of February, 1996 in the presence of her parents, the wife admitted in writing in the office of Advocate Shri Sonare that she was misbehaving with the husband. It is stated that the wife had admitted in the said document executed in the presence of her parents and several other respectable persons of the locality that she had threatened the husband that she would implicate him and his relatives in false criminal cases. It is pleaded that the wife has admitted in the said document that she had attempted to commit suicide by pouring kerosene on herself and that she would mend her ways and behave properly. It is pleaded that the wife started residing with the husband after the said compromise, however, immediately thereafter, she used to pick up quarrel with the husband and threaten him. It is pleaded that after the wife started residing with her husband in the year 1997, it was learnt by the husband from his daughter that the wife had brought some poisonous substance in the house which she would have administered to the husband. It is pleaded that his wife and the wife and the daughter of the landlord assaulted the sons of the petitioner with chappal and threatened to kill them. It is pleaded that the husband was compelled to live separately since then. The husband sought a decree of divorce on the ground of cruelty. The wife filed the written statement and denied the claim of the husband. The wife admitted that after the marriage, the parties were residing at Nagpur for some time and thereafter at Mahurzari for seven years. It is pleaded that the parties shifted to Kalmeshwar and stayed there for fourteen years. It is pleaded that the husband did not have any grievance against the wife for a long time after the marriage. It is denied that the wife treated the husband and the children with cruelty. The adverse allegations made by the husband against the wife were specifically denied by her. The wife pleaded that the husband was taking undue advantage of the document executed on 06/02/1995 without considering that the said document was executed by the wife only with a view to cohabit with the husband, as the parties were residing separately at that time. It is pleaded that the wife decided to sign the said document though there was no fault on her part only with a view to return to the matrimonial home. It is pleaded that she joined the company of the husband and there was no reason for the husband to complain. The pleading in regard to the assault on the sons of the parties by the wife and the wife and the daughter of the landlord is specifically denied. It is pleaded by the wife that the husband wanted to get rid of the wife only with a view to remarry with the niece of Shri Deshkar, who was also a tenant in the house of the husband at Kalmeshwar. It is pleaded that the husband has levelled false and scandalous allegations against the wife in respect of her alleged relationship with Shri Anil Sangode. It is pleaded that the husband used to beat the wife whenever the mother of the wife came to the matrimonial home to seek the return of the amount lend by her towards the construction of the house of the husband at Kalmeshwar. The wife pleaded that after she was brought back to the matrimonial home in the year 1994, the husband behaved well with the wife only for some time and thereafter started ill -treating her. It is pleaded by the wife that she had reported the matter to the Police and the Police had detained the husband. It is pleaded that she had requested the Police not to arrest the husband and, therefore, he was sent back along with her. It is pleaded that since the husband was abusing the wife and also the landlady, the landlady had slapped him on 20/04/1997. It is pleaded that the husband left the rented house in Deshpande Layout along with the children after the said incident without informing the wife and after waiting for the husband in the house for nine months, the wife was left with no alternative, but to return to her parental' house at Dhapewada. The wife denied all the adverse allegations levelled by the husband against her and sought for the dismissal of the petition filed by the husband.
(3.) THE husband examined himself and also examined his son Dattu, his daughter Vaishali and his next door neighbour Shri Rambhau Mirashe to prove his case. The wife examined herself and closed the evidence on her side. On an appreciation of the evidence on record, the Family Court, by the judgment, dated 04/10/2005, dismissed the petition filed by the husband. The Family Court held that the husband had failed to prove that the wife had treated the husband with cruelty. The judgment of the Family Court is challenged by the husband by this Family Court Appeal.;