(P.B. Majmudar, J.)

Marriage between a man and woman is considered to be a sacred ceremony. It is a social contract between two individuals that unites their lives legally, economically and emotionally. The husband and wife performs the marriage ceremony with a fond hope that they will stay together for the rest of their life and both of them will have love and affection amongst each other and if any issues are born out of the said wedlock they will be looked after by them. With this pious objective, the marriages under the Hindu Marriage Act are taken place and that too in a sacred manner in the presence of a priest. Therefore, the said ceremony is a sacred ceremony which is not required to be treated lightly by either spouse treating it as a child’s play. It is said that marriages are made in heaven but they are broken on earth. Appropriate care is required to be taken to see that such marriages are not broken lightly and that is how laws are enacted for providing dissolution of marriage as per statutory grounds available. The manner in which various divorce petitions are filed creates doubt as to (i) whether the marriages which are treated as sacred ceremony will still continue to be the same in future; (ii) whether the tradition which is prevailing since time immemorial in this country will continue for a long time and (iii) whether the child who is born out of the said wedlock will be able to get the love and affection of father and mother in case the marriage is dissolved in a light fashion.

2. The present appeal is directed against the order dated 30th January, 2008 passed by the Principal Judge, Family Court, Mumbai, in Petition No. A-1915 of 1995, by which the Family Court has dismissed the petition filed by the Appellant-husband for getting a decree of divorce under Section 13 (i) (i-1) of the Hindu Marriage Act, 1955 (hereinafter referred to as “the Act”).

3. The aforesaid petition was filed on the ground of alleged cruelty on the part of the respondent-wife. The marriage between the parties took place on 5th December, 1992. Out of the said wedlock a child viz. Yogesh is born on 27th August, 1993. The petition thereafter was filed on 18th October, 1995 for dissolution of the marriage. It is the case of the appellant that the conduct of the respondent is abnormal and she is having pugnacious nature and she did not give any love and respect to the appellant and use abusive language. In order to substantiate the case for cruelty, various instances were cited in the petition. The same are as under:

(i) That after the marriage, the respondent insisted to go for honeymoon even though the mother-in-law of the respondent was admitted in the hospital due to illness for which she threatened the husband to commit suicide.

(ii) After the respondent became pregnant, for the purpose of delivery, she went to her mother’s place in July, 1993 and she delivered a child on 27th August, 1993 and thereafter she came back to the appellant’s house in October, 1993 but she started quarreling with the appellant thereafter and she insulted him.

(iii) That on 27th August, 1994, on the first birthday of the son, the respondent quarreled with the appellant and went to Siddhivinayak temple all alone, leaving the child and the family members in the house to celebrate the birthday.

(iv) That the respondent on one occasion abused the appellant, assaulted him and shouted which went on upto 2.00 p.m. in the night and thereafter she went near the balcony and stripped her clothes for which appellant filed a police complaint at the N.M. Joshi Marg Police Station on 18th March, 1995.

(v) That the respondent did not cook, did not arrange for hot water for his bath and quarrels between the parties continued.

4. On the basis of the aforesaid grounds, it is the case of the appellant that the respondent was treating the appellant by way of cruelty and accordingly prayed that the marriage should be dissolved.

5. The petition was resisted by