The main legal point established in the judgment is the requirement for specific evidence of cruelty and the impact on the mental and physical health of the parties to prove grounds for divorce under the Hindu Marriage Act, 1955.

JUDGMENT

N. B. Suryawanshi, J. - The present appeals filed by the appellant wife under Section 19 of the Family Courts Act, 1984 challenge the common judgment passed by the Family Court, Nagpur in Petition No.A-365 of 2012 filed by the respondent husband for divorce. The appellant wife assailing the decision of the Family Court in Petition No.A-111 of 2013, thereby refusing her petition for restitution of conjugal rights and by filing Criminal Revision Application challenge the quantum of maintenance awarded by the Family Court in Petition No.E-382 of 2012. Since all these three decisions are given in a matrimonial dispute between the appellant and the respondent, they are being decided by this common judgment.

Petition No.A-365 of 2012.

2. The respondent filed this Petition under Section 13(1) (i-a) (i-b) of the Hindu Marriage Act, 1955 (for short, "the said Act") seeking divorce on the ground of cruelty and desertion in short contending that, the marriage between the parties was solemnized on 19.12.2010 as per Buddhist Rites at Nagpur. On the day of marriage with the wife, husband was having two daughters namely Susmita and Ishita aged about ten years and five years and an ailing 80 year old Mother. The husband was a Corporator of Nagpur Municipal Corporation at the time of marriage. The wife was aware about these facts prior to the marriage. After marriage, the wife started residing with the husband at his house near Mangalwari Garaden at Nagpur. Parents of the wife used to reside at Indora area at Nagpur. While getting married, the husband was under impression that the wife would take care of his daughters and ailing mother, but the wife neglected and refused to do any household duties towards them. She was in the habit of frequently visiting her parent's house. Every day, she was taunting the husband in filthy language. She was beating the daughters without just and sufficient cause. She did not provide meals to his daughters and ailing mother. In spite of understanding given to her by the husband and the elders of both the families at several times, the behavior of the wife did not change, she used to threaten him that she will commit suicide and put him behind the bars. She was having more affection towards her parents. He was frustrated with the behavior of the wife. The wife left matrimonial home on 01.09.2011 by giving threats to commit suicide and putting him behind the bars.

3. The wife denied all the allegations by filing a written statement. She averred that she cohabited with the husband till 14.04.2012. Due to his adamant behavior, the husband created an unhealthy atmosphere. He was treating her just as a maid servant, although she was discharging her household duties. Because of this abnormal behavior, it became unsafe for her to live with him. Her health deteriorated due to the continuous ill treatment given to her by the husband and it gave her mental stress. She was never taken to the Doctor. The husband neglected her. The husband and his mother quarreled with the wife and threatened her with life and limb. Apprehending danger to her life, she had to leave the matrimonial home on 01.09.2011 and since then, she was living at the mercy of her parents. She claimed that she was ready to cohabit with the husband and his divorce petition be dismissed.

Petition No.A-111 of 2013

The wife reiterated the above contentions in Petition No.A-111 of 2013 filed for restitution of conjugal rights and in Petition No.E-382 of 2012 filed for maintenance under Section 125 Code of Criminal Procedure, 1973. She further admitted in the maintenance petition that the husband used to beat her mercilessly. Whenever he used to go on tour for his business, he used to drop her at her parent's house. Due to threats of life, the wife apprehending danger to her life, was required to leave the matrimonial home. Since 14.04.2012, she was living with her parents. She further averred that the husband was two times Corporator of Nagpur Municipal Corp