P. B. MAJMUDAR, J.:- This appeal arises out of the matrimonial proceedings which resulted into a decree of divorce and for maintenance.

2. The respondent herein instituted proceedings for dissolving the marriage between herself and the appellant herein. The respondent had filed a petition under Sections 13(1)(ia) and 13(1)(v) of the Hindu Marriage Act. 1955 (hereinafter referred to as "the Act"). Initially, the said petition was decided ex-parte in favour of the present respondent and a decree of dissolution of marriage was passed by the learned Judge of the Family Court. The appellant herein subsequently challenged the said order by filing an appeal before this Court and a Division Bench of this Court vide its common order dated 29th November, 2007 passed in Family Court Appeal Nos.26 of 2006 and 67 of 2007 set aside the judgment and decree and remanded the matter to the Family Court with liberty to the present appellant to defend the case by submitting his evidence. After remand, the learned Judge of the Family Court vide her order dated 7th August, 2008, allowed the petition and the marriage solemnized between the appellant and respondent was dissolved by decree of divorce. The Family Court allowed the custody of minor son Devang with the respondent. The appellant was directed to pay a sum of Rs.20,000/- per month to the respondent towards permanent alimony for herself and Rs.15,000/- per month to the minor son Devang till he attains the majority from the date of the order. The appellant was also restrained from selling or alienating or disposing off the matrimonial house as mentioned in amended paragraph 22 of the petition till residential accommodation is made available to the respondent. The appellant was also directed to return the stridhan to the respondent within 15 days from the date of the order. It was further directed that the appellant shall provide a well furnished three bed room residential apartment to the respondent somewhere between Andheri and Malad and till such apartment was made available, the appellant was directed to pay Rs.10,000/- per-month to the respondent towards rent. The aforesaid judgment and decree of the learned trial Judge is impugned in the instant appeal at the instance of the appellant-husband, who was respondent in the petition.

3. So far as the factual aspect of the matter is concerned, the marriage between the appellant and the respondent took place on 23rd January, 1988, as per the Hindu Vedic Rites at Mumbai. Out of the said wedlock, two issues were born viz. Dhruv and Devang. Both the children are staying with the respondent-wife. It is the case of the respondent in her petition that theirs was a love marriage. It is the case of the respondent that she belongs to an educated and respected Marwari family and that after the marriage, it was noticed by her that the appellant had a phobia for sex and that he had a mental block for sex. In view of the same, they consulted a well-known Sexologist Dr. Prakash Kothari, who opined that the appellant was physically fit but had a mental blockage due to some past incidents. It is the case of the respondent in her petition that instead of developing intimacy with her, the appellant did not cooperate and the marriage was consumed with great difficulty. Some averments have been made in the petition in connection with certain allegations made by the in-laws against the respondent. It is averred in the petition that she was not allowed to mingle with outsiders nor was allowed to speak to her parents. In her petition it is also alleged that in December, 1988 when the family had gone to Lonavala for few days, her sister-in-law's husband Mr. Kailash Mantry tried to act in an indecent manner. It is her say that the appellant at that time was totally drunk and did not react to the situation and did not uphold her dignity which caused her mental pains. It is also her allegation that she was not allowed to have proper rest during her pregnancy. It is als

Click Here to Read the rest of this document