Assessment of conduct and sanctity of marriage in determining cruelty and desertion.

( 1 ) THE judgment and order dated 17-9-2003 passed by additional District Judge, Shrirampur in R. C. A. No. 32/2001, rejecting Divorce by setting aside the judgment and decree passed by Civil Judge, Senior Division, shrirampur in Hindu Marriage Petition No. 75/1999, is under challenge by husband.

( 2 ) THE parties are referred for convenience as husband and wife and at places with their first names Sandeep and Aruna. The marriage dated 10-2-1996 is in existence. According to husband, the petitioner barely resided for initial eight days, then she left with her brother Somnath and thereafter she was in his company for 6-7 months. Even, during this short span, the wife caused mental trouble to the husband and his mother.

( 3 ) ON 26-1-1997. the wife-Aruna went to her parents house with her brother Vijay and in March, 1997, she delivered a child. The petitioner/husband made all efforts for cohabitation,, but he was abused and driven away by the wife. Consequently, a notice was issued, asking the wife to join him. The wife did not comply. There was desertion and decree for divorce was sought. The proceedings under section 125 of Criminal Procedure Code and also 498-A of indian Penal Code by wife has caused mental torture to the husband, providing additional avenue to seek divorce.

( 4 ) THE wife Aruna denied the allegations of desertion or causing any mental cruelty to the husband. After birth of the child - Onkar, husband did not make any visit, all attempts from the wife to join the husband are curtailed and inhibited systematically supported by his mother. She reiterated that she was facing ill-treatment from the husband and his mother. She went in February 1998 for cohabitation with her brother Sanjay, but there was no response. It was the husband, who gave cruel treatment and deserted her and she consequently urged for dismissal of the divorce petition.

( 5 ) LEARNED Civil Judge, Senior Division, formulated issues, at Exhibit-20 and recorded that there was mental cruelty to the husband, the wife left the house forever without intention to come back and that the husband is entitled for divorce.

( 6 ) THE first Appellate Court did not agree with the findings. He formulated following points, viz.-

(i) Is it proved that petitioner was subjected to cruelty at the hands of respondent ? (ii) Is it proved that the respondent has deserted the petitioner without just cause ? (iii) Whether the petitioner is entitled for divorce ? (iv) What order ?

( 7 ) THE learned Judge by recording negative findings allowed the appeal of the wife. The petition for divorce came to be dismissed.

( 8 ) THE substantial questions of law are formulated by brother Judge, while admitting the appeal on 15th of December, 2008, which are as under :

(i) Whether subsequent events and conduct during the pendency of the petition and appeal can be taken into account for the purpose of granting relief to the appellant and reckless and wild allegations made by the wife in the proceedings by going beyond the purview of what was necessary for denying the allegations made against her will amount to cruelty and is sufficient to dissolve the marriage by decree of divorce ? (ii) Whether in view of the judgment of the Hon'ble Supreme Court reported in 2002 AIR SCW 162, an act committed with an intention to cause suffering to other party and even filing false proceeding will amount to cruelty ? (iii) Whether in view of law laid down by this Court in 2002 (3) Mh. L. J. 872 the impact of cumulative events and circumstances in the mind of the husband can be considered as cruelty and decree for divorce can be granted on that ground ?

( 9 ) IN order to prove the case, the husband has examined himself and his witnesses-Sushila Gopinath; Suman Dagdu, a social worker; Nanasaheb Shankar and Rukhminibai Vitthal, while the wife has examined herself.

( 10 ) THE term 'desertion' is practically separation of one spouse from the other with intention on the part of deserting spouse of bringing c

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