JUDGMENT - VYAS N.D., J.:—This is an appeal preferred by the appellant wife from the judgment and order of the Family Court, Pune, granting divorce to the respondent husband. This appeal raises an important question, viz., whether a petitioner in support of his case can rely on allegations made by a respondent in her written statement, for the first time the same being made after the filing of a petition.

2. The trial Court has granted the respondent husband's petition for divorce on the ground that the appellant had treated respondent with cruelty. Further, the trial Court has held that there was no ground for refusing the decree in view of the fact that the marriage was completely broken down. Mrs. Katdare, learned Counsel for the appellant, has assailed the impugned decision on the ground that respondent had failed to prove his case and, therefore, the judgment of the trial Court should be set aside. Mr. Joshi learned Counsel for the respondent, has supported the impugned judgment. Before considering the submissions of the Counsel, it would be useful to refer to a few relevant facts.

3. The appellant is a Professor in a college and the respondent is a writer. The parties, both Hindus, were married on 18th May, 1966 at Malvan, Pune, according to Hindu Vedic rites and thereafter made their matrimonial home at Pune. They have two daughters: one is married and the other is unmarried. On 7th September, 1987, both the parties went to an Advocate. Mrs. Supriya Sarvate, and signed some documents for obtaining divorce by mutual consent. During the night thereafter, the appellant attempted to commit suicide and was hospitalized upto 15th September, 1987 when she was discharged from the hospital. On 11th September, 1987, a complaint was filed by the appellant's brother, one Vasant Gadgil, under section 498-A of the Code of Criminal Procedure. On 17th September, 1987, a joint letter was addressed by the appellant and the respondent to their said Advocate conveying their decision not to obtain divorce by mutual consent. On 21st January, 1988, the criminal complaint filed as above was dropped. The present petition was filed by the respondent husband in February 1985 in the Family Court, Pune.

4. In the petition the respondent has alleged that the relations between the parties were good for the first about ten years after the marriage but the difference of opinion between the respondent and the appellant began to increase gradually from the year 1975, that in the year 1985 the total outcome of the difference of opinion began to turn into quarrels on a large scale, that the appellant began to behave in such a way that severe mental torture would be caused to the respondent, that on two occasions the appellant was intending to go out of the house getting up suddenly at night threatening to cause harm to her own life, that the respondent prevented the appellant from doing so, that one day the appellant said to the respondent that now the time had come “to hit a blow and make two pieces” and that thereafter in September 1986 the respondent got a service in Bombay and the respondent shifted to Bombay. In paragraph 2 of the said petition, with reference to the period after September 1986, the respondent states that whenever the respondent used to come to Pune the appellant and the respondent used to disagree; that the conduct of the appellant remained the same causing mental stress to the respondent and hence the respondent suggested to the appellant to have a divorce and the parties decided to get divorce by mutual consent. The respondent further avers that accordingly the appellant and the respondent approached a lawyer at Pune and prepared a petition for divorce and decided to file the said petition. Thereafter, according to the respondent, when he went to his house the appellant told him that the respondent had no business to stay in the house and asked him to get out; that, however, the respondent was permitted to sleep in the other room at t

Click Here to Read the rest of this document