IMPORTANT POINT
Act on part of the wife of threatening husband of falsely implicating husband by making complaints against him and his family members in Police Station tantamounts to cruelty.

Smt.Vasanti A Naik, J.—The Family Court Appeal is Admitted and heard finally with the consent of the learned counsel for the parties.

By this Family Court Appeal, the appellant-wife challenges the judgment of the Family Court, dated 22.01.2013, allowing the Hindu Marriage Petition filed by the respondent-husband and dissolving the marriage between the parties by a decree of divorce.

2. Few facts giving rise to the Family Court Appeal 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 Hinganghat as per Hindu rites and custom, on 24.09.2007. It is the case of the husband in the Hindu Marriage Petition filed by him for grant of a decree of divorce that after the marriage, the parties resided together at Nagpur in a joint family consisting of the parents of the husband and his sister. It is pleaded that the wife behaved properly for a few days after the marriage. It is pleaded that a few days later, the wife started disrespecting her -in-laws and abusing them. It is pleaded that the wife desired to separate from the joint family and live in a nuclear family with her husband. It is pleaded that the wife refused to do the routine household work by stating that she was not a maidservant to cook and do the household work. It is pleaded that though the husband tried to convince the wife that she would be required to do the normal duties of a wife, the wife did not mend her ways. It is pleaded that on the day of the death of the father of the husband, i.e. on 07.03.2007, the father of the wife asked the husband to get his name mutated in the revenue records on the entire family property left behind by the father. It is pleaded that the wife always objected to the visits of the husband’s relatives to their house and often picked up quarrel after the niece and the nephew of the husband visited the matrimonial home. It is pleaded that the wife used to create a scene when the husband declined to accept her demand for a separate residence. It is pleaded that the wife used to visit her parental home frequently and the parents of the wife interfered in the family affairs of the husband and wife, unnecessarily. It is pleaded that on 10.05.2008, the father of the wife took the wife to the parental home against the wishes of the husband and without his consent. It is pleaded that when a meeting of the family members was called on 15.07.2008, the wife apologized for her acts and promised to behave properly in future. It is pleaded that after the said assurance, the wife behaved well for a few days and then, started repeating the same things that she did earlier. It is pleaded that the wife threatened the husband that she would pour kerosene on her person if she was not permitted to go to the parental home. It is pleaded that the wife threatened the husband that she would implicate him and his family members in false complaints. It is pleaded that the wife went to the extent of saying that the husband is impotent. It is pleaded that though there was no issue from the wedlock and medical treatment was suggested for the wife, the wife declined the treatment. It is pleaded that the behaviour of the wife was whimsical and the wife was very adamant. It is pleaded that not only the wife but, her family members created an unhealthy atmosphere in the matrimonial home. It is pleaded that when the mother of the husband was not well and was hospitalized, the wife did not realize her duties and failed to help her mother-in-law. It is pleaded that the wife insisted on going to her parental home in the month of May2009, despite the illness of her mother-in-law and sister-in-law and threatened to commit suicide if she was not permitted to do so. It is pleaded that in the aforesaid background, the husband was required to drop the wife to the paternal home on 19.05.2009. It is pleaded that in the presence of about