The main legal point established in the judgment is that unchallenged evidence and admissions of the parties can be crucial in proving grounds for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. Additionally, the best interests of the child are paramount in determining custody arrangements.

VASANTI A. NAIK, J.

By this Family Court Appeal, the appellant challenges the judgment of the Family Court, Nagpur dated 20.12.2011 allowing a petition filed by the respondent for a decree of divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955. In the First Appeal filed by the appellant, the respondent has filed a Cross Objection for seeking the custody of the minor child as the Family Court has held that the custody of the minor child, would remain with the appellant.

2. Few facts giving rise to this Family Court Appeal and the Cross Objection are stated thus :

The Appellant-wife (hereinafter referred to as ‘the wife’ for the sake of convenience) and the respondent-husband (hereinafter referred to as ‘the husband’) were married at Nagpur as per the Hindu rites and custom on 20.02.2009. A son by name Anvesh was born from the wedlock on 13.10.2009. The husband and the wife belong to highly educated middle class families and the wife was made aware before the solemnization of the marriage that she would be required to stay in the matrimonial home along with the parents of the husband. After the marriage, the wife started residing in the matrimonial home at Nagpur. The husband had taken the wife to Kerala after the marriage was solemnized and from the inception of the marriage, the husband found that the wife was behaving strangely. It is stated by the husband in the Hindu Marriage Petition filed by him for a decree of divorce that the wife continued to behave badly with the husband and his parents though they tried to keep her happy. It is pleaded that the wife used to lose her temper on petty matters and used to shout on the parents of the husband. It is pleaded that the wife always threatened the husband and his parents that she would commit suicide. It is pleaded that the wife insisted that the husband should reside separately in a nuclear family. It is pleaded that the husband suffered mental trauma due to the quarrelsome, rude and insulting behaviour of the wife. It is pleaded that the wife did not contribute in the household work. It is pleaded that the father of the husband wrote a letter on 28.06.2009 to the father of the wife about her whimsical behaviour. It is stated that the father of the wife acknowledged the goodness of the husband and his parents and promised to advise his daughter. It is pleaded that Anvesh was a slow learner and required great care and attention. It is stated that after the birth of Anvesh there was no change in the behaviour of the wife and she constantly threatened the husband to leave the matrimonial home and commit suicide. It is pleaded that the wife also threatened the husband that she would throw and harm Anvesh. It is pleaded that the wife needed medical treatment from a Psychiatrist but, she was not ready to take treatment. It is pleaded that on 24.05.2010, the wife left the matrimonial house along with Anvesh, with an assurance that she would take medical treatment and join the company of the husband but, she did not do so. It is pleaded that on the same day, the wife swallowed tablets and called the police, her parents and Smt. Mrunal Dani, and all of them advised her to behave properly and to take medical treatment. It is pleaded that as the police had visited the matrimonial house, the mother of the husband suffered a heart attack. It is pleaded that on 17.06.2010, when the husband and the wife were returning from the hospital of Dr. Bhole where Anvesh was being treated, the wife started behaving erratically. It is pleaded that the child was kept on the floor of the house and the wife went near the well, stood on the brick-skirt of the well and threatened that she would commit suicide if the husband does not behave as per her wishes. It is pleaded that the wife threatened the husband to throw the son in the well and asked the husband to take both of them to the matrimonial home. It is pleaded that the parents of the wife brought her into the house with great effo