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BOMBAY HIGH COURT
Smt. Vasanti A Naik and Kum. Indira Jain, JJ.
Jayashri —Appellant
versus
Umesh —Respondent
Family Court Appeal No.92 of 2015
Decided on 1.10.2016

Advocates:
Counsel for the Parties:
For the Appellant:Ms. Vidya Umale, Advocate
For the Respondent:Shri Mohtesim Badar, Advocate

Headnote:Hindu Marriage Act, 1955 – Section 13(1)(ia) – Cruelty – Photograph of another woman found in pocket of husband – Wife enquiring from husband – Cannot be termed as unnatural – Husband making unnecessary and unjustified demands from wife like wearing saree, staying with his parents far away from his place of work etc. – Family court wrongly granting divorce to husband. (Para 22)

       (b) Hindu Marriage Act, 1955 – Section 13(1)(ia) r/w section 498A, IPC – Husband acquitted in case u/s 498A filed by wife – Application filed by wife under the Protection of Women from Domestic Violence Act also rejected – Allegations made by husband in these cases cannot support husband’s allegation of cruelty by wife in divorce patition filed under section 13(1)(ia) – Order granting divorce liable to be quashed. (Para 23)

       (2013) 5 SCC 226; (2014) 7 SCC 640; 2014(1) ALL MR 854; 2014(2) ALL MR 750 (Bom) – Distinguished

       Result: Appeal allowed.

JUDGMENT

Kum. Indira Jain, J.—Admit

2. Heard finally with the consent of the learned Counsel for the parties as record and proceedings are received.

3. By this appeal appellant/wife challenges the judgment of the Family Court, Akola dated 18-05-2015 allowing the petition filed by respondent/husband for dissolution of marriage on the ground of cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

4. Facts giving rise to the appeal may be stated in brief as under:

Appellant and respondent (hereinafter appellant shall be referred as ‘wife’ and respondent shall be referred as ‘husband’) were married on 08052011 at Amravati as per customary rites. After marriage wife went to Akola to cohabit with the husband in a joint family. At the time of marriage husband was serving in Axis Bank Branch at Pimpalgaon Baswant in District Nasik.

5. It is the case of husband that since beginning behaviour of wife was not proper. She was insisting to reside separately from joint family consisting of husband his parents, brothers and uncle. She was misbehaving with mother-in-law on trivial issues. Due to insistence of wife respondent took her to Pimpalgaon Baswant and both started residing in a rented accommodation. It is stated by husband that she used to avoid household work and remain busy for hours together in talking on phone with her parents and sisters. She was avoiding physical relations with him. In the month of July, 2011 husband and wife came to Akola. That time she raised quarrel with her mother-in-law and did not behave like a prudent daughter-in-law.

6. It is the contention of husband that he was incharge of insurance at Pimpalgaon Baswant and once a photograph of a lady customer with some documents was found in his pocket by the wife. Soon she found the photograph and the documents in his pocket she showered allegations of extra marital relations of husband and started suspecting his character. She used to raise quarrel even in midnight and husband was required to face embarrassing situation in front of neighbourers. She then called her brother and went to her parents house at Amravati.

7. It is pleaded by husband that he made continuous efforts to fetch her back but she refused to join his company. On 28-04-2012 a meeting was held with her parents and in that meeting wife and her family members misbehaved with husband and his parents. Due to intervention of mediators and relatives dispute was resolved. In a week she came to Pimpalgaon Baswant with her father at Nasik Road Railway Station and called her husband to pick her up from Nasik Road Railway Station. Though he was on duty that time he was required to rush to Nasik Road Railway Station to fetch the wife. On the same day wife raised a quarrel with husband on the ground that he did not talk to her father at Nasik Road Railway Station.

8. On 23-04-2012 both had been to Fubgaon to attend a marriage ceremony of cousin sister of husband. There uncle of husband tried to convince wife to discharge her marital obligations properly as she is the elder daughter-in-law in family. She did not pay any heed to it and insulted husband, his uncle and elderly members in the family.

9. According to husband on 26-04-2012 wife left the house in the midnight between 01.00 a.m. and 01.30 a.m. without informing anyone in the house. He and others in family took her search. She was found near railway track. This behaviour of wife caused severe mental harassment to husband and his family members. On 15-11-2012 respondent had been to her parents house for ‘Dipawali’ festival and took away all the belongings with her. Thereafter she did not return. A meeting was held on 24-04-2013 at the house of Moreshwar Mohod uncle of husband. Respondent and her parents were present in the meeting. She put condition that she be permitted to live her life as per her wish and she should not be asked to follow the customs prevailing in family. As settlement could not be arrived at respondent did not resume compan































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