V.A. Naik, J. - (1.) THE Family Court Appeal is Admitted and heard finally with the consent of the parties after perusal of the record and proceedings.
(2.) BY this appeal, the appellant -husband challenges the judgment of the Family Court, Nagpur, dated 16th June, 2014 dismissing the Hindu Marriage Petition filed by the husband for a decree of divorce on the ground of cruelty and desertion. Since the petition for divorce was dismissed by the Family Court, Nagpur, the petitioner has approached this Court seeking a decree of divorce, dissolving the marriage solemnized between the parties on Few facts giving rise to the appeal are stated thus - The appellant -husband and the respondent -wife were married in Nagpur according to Hindu Rites and Customs on 03.06.1998. According to the husband, the parties resided in the joint family for a few months only and during the short period, the wife constantly quarreled with the husband. According to the husband, the wife wanted to reside separately from the joint family and hence the husband took some premises on rent in Gokulpeth, Nagpur for their separate residence. According to the husband, the wife neglected him and abused him in filthy language. A male child was born to the parties from the wedlock, by name Prajwal. According to the husband, despite the birth of the child, the attitude of the wife did not change. According to the husband, the wife and her family members ill treated the husband and his family members. It is the case of the husband that the elder brother of the wife is a habitual drunkard and he had assaulted the husband on 19.06.2008 when the husband went to the parental house of the wife. According to the husband, the brother of the wife falsely registered a FIR against him on 19.06.2008 by falsely claiming that the husband and his nephew had assaulted him. It is the case of the husband that on 19.06.2008, the parties quarreled and the wife left the matrimonial home never to return. After the wife left the matrimonial home, the husband filed a petition for restitution of conjugal rights. It is the case of the husband that the said petition was withdrawn as the wife was not willing to reside with the husband. On the basis of the aforesaid case, the husband filed the Hindu Marriage Petition for decree of divorce on the ground of desertion and cruelty. The wife denied the case of the husband by filing a written statement. All the allegations made by the husband against the wife in respect of cruelty and desertion were denied. The wife pleaded in the specific pleadings that the husband was consuming liquor and was constantly quarreling with her. It was pleaded in the specific pleadings that the husband was in the habit of obtaining loan from several persons and not repaying the same. It was pleaded that the husband did not regularly go to work and some times stayed in the house for the whole day. On 19.06.2008, according to the wife, the husband came to her parental home and assaulted her brother by fists and blows and threatened to kill him. It was pleaded that an offence was registered against the husband in respect of the said incident. It was pleaded that the husband was harassing the wife and the petition filed by him for the decree of divorce on the ground of cruelty and desertion was liable to be dismissed.
(3.) ON the aforesaid pleadings of the parties the Family court framed the issues and after appreciation of the evidence on record, by the judgment dated 16.06.2014, dismissed the petition filed by the husband.;