The burden of proof in establishing cruelty under Section 13-1(ia) of the Hindu Marriage Act and the evidentiary value of documentary evidence in proving allegations of illicit relationships.

A.D. UPADHYE, J.

Being aggrieved by the judgment and decree, dated 10.10.2013 passed by the Family Court No.4, Nagpur in Petition No.A-4 of 2010, the appellant-original petitioner has preferred this appeal. The respondent-Wife is the original respondent.

2. Brief facts of the case are stated as under :

The appellant had filed a petition under Section 13-1(ia) of the Hindu Marriage Act for dissolution of marriage before the Family Court, Nagpur. The appellant had pleaded that the marriage between him and the respondent was solemnized on 06.07.1997 at Khairi Bouddha Vihar, Nagpur as per Buddhist custom and rites. After solemnization of the marriage, the respondent-Wife went to reside with the appellant at her matrimonial house. It is pleaded that there is a female issue, viz. Mithila born on 16.09.2001 from the wedlock. The appellant further contended that the respondent is hot tempered lady and quarrelsome one. She used to pick up quarrel on very petty matters. She always used to torture her husband by not preparing food and not doing other household work. It is further pleaded that he used to tolerate these acts of the respondent with a hope that one or the other day, the respondent would realize her fault and mend her attitude towards the appellant and his old parents. According to him, the respondent used to torture her father-in-law. She also did not take care of her daughter. According to him, his father owned a two storeyed building. The respondent used to say that she wants entire ground floor portion and the same may be transferred in her name. According to him, on the first floor of the building, one widow lady, viz. Chhaya Mendhe resided on rent and she used to pay rent to his father. Said Chhaya Mendhe used to take care of his father as well as daughter Mithila. According to him, the respondent used to doubt about said Chhaya Mendhe regarding relationship with him. According to him, said Chhaya Mendhe had a daughter and she used to play together with his daughter and as such developed good relations with the appellant's family. The appellant further contended that the respondent used to give threats that she would commit suicide if they would not transfer the ownership rights of ground floor portion in her name and had also attempted the same twice. According to him, due to the said act, he himself and his parents became very depressed and frightened. According to him, the respondent is residing in the said house but they were not having relationship of husband and wife since last more than six months. The appellant had therefore filed the petition for decree of dissolution of marriage before the Family Court.

3. The respondent-Wife appeared in the proceedings and filed her written statement at Exhibit 18A and resisted the claim of the petitioner. She admitted that her marriage was solemnized on 06.07.1997 at Khairi Bouddha Vihar, Nagpur as per Buddhist custom and rites. She also admitted that the female issue Mithila was born on 16.09.2001 from the wedlock, however, she denied that she is hot tempered and quarrelsome lady, as alleged. She also denied that the appellant used to tolerate all the cruel acts of the respondent as contended. She denied that she used to torture her father-in-law. She admitted that the father of the appellant has constructed two storeyed building at the above place, however, she denied that she used to say that she want the entire ground floor to be transferred in her name. She stated that on the first floor of the above building, one widow, viz. Chhaya Mendhe reside on rent and she used to pay rent to the father of the appellant. However, she denied that said Chhaya Mendhe used to take care of the father of the petitioner and her daughter Mithila. According to her, the husband is having illicit relationship with Chhaya Mendhe and therefore the appellant wants to get rid of the respondent and treating her with cruelty. She denied that her daughter and the daughter of Chhaya Mendhe use