2013 Supreme(Bom) 573
BOMBAY HIGH COURT
NARESH.H.PATIL & A.R. JOSHI, JJ.
Smt.Gauri Sanjay Bhosale
Versus
Shri Sanjay Raghunath Bhosale
Decided on : 8/3/2013
Headnote:Hindu Marriage Act, 1955 - Section 13 - Decree of divorce.
Where no reconciliation was possible as relations between parties were damaged seriously and they lost faith in each other therefore decree of divorce passed by trial Court warrants no interference. - The facts brought on record by the respondent under application are serious in nature and throws much light on the matter in its entirety. In the light of development which had taken place prior to filing of the petition and after disposal of matter by the Family Court, it certainly reveals that it is not at all advisable now to direct the parties to stay together or to disturb the impugned judgment and decree passed by the trial Court.
The oral evidence brought on record and documents placed on record suggest that relation between the parties had suffered set back. The relationship had irretrievably broken. Court does not find any chances of the appellant and respondent reconciling and settling the disputes.
1. This appeal is directed against the judgment and order passed by the Family Court, Mumbai in Petition No.A-182/2000 dated 2nd February, 2005. The respondent Sanjay Bhosale filed a petition initially for judicial separation. Thereafter by way of application for amendment the same was converted into petition for dissolution of marriage on ground of cruelty.
2. According to the respondent in the family court petition it was urged that the appellant and respondent were married on 1.1.1997 as per Hindu Vedic rites in Mumbai. The original petitioner was employee of Indian Airlines working as a driver on shift duties. At the relevant time the respondent had to work overtime. The appellant did not approve of respondent working overtime. She used to talk to him on phone and disturb other staff members. The appellant was having suspicion about conduct of the respondent. The appellant's temperament was sensitive on petty domestic issues. She was threatening the respondent to commit suicide to teach him a lesson. She had suffered from typhoid but refused to receive medical treatment in the year 1999. Her behavior was violent and unbearable. She used to talk inconsistently, raise quarrels and bang her head at times. It was alleged that the appellant used to fight with the respondent on various issues.
3. On 3.10.1999 it is alleged that the appellant hanged herself to the ceiling rod and the respondent had to save her life. The appellant was admitted to Desai hospital between 3.10.1999 to 7.10.1999. She was provided with treatment of a psychiatrist.
4. On 28.10.1999 it is alleged that she tried to commit suicide by pouring kerosene on her person which was prevented by the respondent. On 4.11.1999 the appellant again attempted to commit suicide. She was admitted to V.N. Desai's hospital by the respondent. Dr.Vahia, psychiatrist treated the appellant. Series of such incidents used to take place in married life of the respondent. According to respondent, the appellant is mentally sick person and it was not possible to lead life with the appellant as husband and wife. It was further alleged that the appellant was seen moving around with one Chandrakant Kelurkar @ Chintya on motor-cycle. The written complaint was lodged by the respondent to Vakola police station on 2.12.2002.
5. The appellant appeared in the matter and filed her reply. She denied allegations made by the husband. It was submitted that the respondent-husband had fabricated the evidence. She was forced to undergo abortion. The respondent used to behave strangely. She was not provided with enough money to run household affairs. She admitted that she was hospitalised in V.N. Desai's hospital.
6. She was assaulted by the husband. She became unconscious and it was respondent who hanged her to ceiling rod. She was beaten up mercilessly on 4.11.1999. The respondent poured kerosene on her person to set her on fire. The appellant was frightened due to behavior of the respondent. During the hospitalisation the husband insisted upon giving shock treatment due to which the appellant was frightened. In substance it was submission of the appellant that inspite of rude and intolerable behavior of the husband she was willing to reconcile with husband. During pendency of the proceedings the parties started residing separately. Though the respondent was earning Rs.15,000/- per month she was not provided with enough monetary assistance.
7. The appellant filed further written statement after the petition was amended at Exhibit-19. It is contention of the appellant that the respondent was holding jewellery which was given to her as Stridhan by her father at the time of marriage.
8. The parties were referred to counselor. The parties arrived at consent terms for reconciliation on trial basis but reconciliation failed. The report of the counselor were placed on record.
9. The respondent examined himself by filing affidavit Exhibit-21. He examined one witness at Exhibit-39. The appellant-wi