The judgment emphasizes the need for conduct to be 'grave and weighty' to constitute mental cruelty for divorce, and the impact on the wronged party's ability to continue the matrimonial relationship.

JUDGMENT

Pushpa V Ganediwala, J. - This is the husband's appeal under Section 19 of the Family Courts Act, 1984 (hereafter "Act of 1984", for short) challenging the judgment and decree dated 14/06/2017 passed by the Judge, Family Court - 4, Nagpur in Petition No.A-226/2009, thereby dismissed the husband's petition for divorce under Section 13(1)(i-a) of the Hindu Marriage Act, 1955 (hereafter "Act of 1955", for short) on the ground of cruelty.

The facts leading to the filing of the present appeal may be stated as under :

2. The marriage of the appellant/ husband with the respondent/ wife was solemnized on 11/04/2006 at Nagpur. The couple is blessed with one son, viz., Samyak, born on 29/08/2007, who is presently in the custody of the respondent/ wife. After their marriage, the couple started residing in a rented house at Nagpur. The parents of the appellant/ husband were residing in their village. Both the parties are in the profession of teaching.

3. It is the grievance of the appellant/ husband that the respondent/ wife is of arrogant, whimsical and abnormal behavior. He was not informed that she was suffering from the disease Rheumatoid arthritis and hypothyroidism by her parents. The appellant/ husband has referred to three incidents which according to him caused mental cruelty to him. The first was happened during communal program at Deekshabhoomi, Nagpur. He has stated that when he was offering volunteer service of serving water to the visitors, the respondent/ wife insulted him in the presence of several people. The second incident occurred in Chandrapur at his sister's house, wherein the respondent/ wife insulted him in the presence of his sister and her in-laws. And the third one, on the next day, when they reached Nagpur and at late night, the respondent/ wife threw a showcase of their house and broke it completely due to her abnormal behavior.

4. It is further the case of the appellant/ husband that on 01/01/2007, the respondent/ wife went to her parents' house without informing him and stayed there for one and half month.

5. The appellant/ husband has further stated that during quarrel between them, many a times she demanded for divorce. It is further alleged that the respondent/ wife also intimidated him for committing suicide and involving him in a false criminal case of dowry. Fed-up with her behavior, he filed the petition for divorce on the ground of mental cruelty.

6. In response to the notice issued to the respondent/ wife, she appeared and filed her counter denying all the adverse allegations with regard to cruelty and her abnormal behaviour.

7. In her specific pleading, her main focus is on the drinking habits of the appellant/ husband. She has stated that although he was serving as a Lecturer at the Raosaheb Thaw are Junior College, Babulkheda, he was not sharing the household expenses. With regard to her diseases, she has stated that the appellant/ husband was informed about the same prior to their marriage, and he never had any complaint as he used to visit daily to her parents' house after their engagement.

8. With regard to the incident during communal program at Deekshabhoomi, the respondent/ wife states as under:

'After sometime when the respondent had requested the petitioner to come with her for further programme, at that time, the petitioner had got annoyed and had given all the glasses and jug of water to the respondent and ordered her to serve the same and had abused her in filthy language in presence of people and the family members of the respondent."

9. With regard to the incident at Chandrapur at his sister's house, she states that there also, he drank heavily and when the respondent/ wife wanted to stop him, he insulted her in a filthy language in the presence of her sister-in-law and her relatives.

10. She further states that they reached Nagpur on the next day and during the night, he drank heavily and was not able to stand and suddenly fell down on the nearby showcase, due to which the showcase was