IMPORTANT POINT
A dead marriage must be given a decent quietus.

JUDGMENT (CAV)

R.M. Chhaya, J.—Feeling aggrieved by and dissatisfied with the impugned judgment and decree dated 01.10.2015 passed by learned Judge, Family Court No.3, Vadodara, in Hindu Marriage Petition No.142/2011, the appellant - original defendant (husband) has preferred this petition under Section 19 of the Family Court Act, 1984 and Sections 96 and 151 read with Order 41 of the Code of Civil Procedure, 1908.

2. The following noteworthy facts emerge from the record of the appeal:

2.1 That the appellant was serving in Indian Army for about 6 years and after his resignation, he was serving in Call Center, where the appellant and Respondent - wife came in contact with each other and decided to marry. Therefore, on 12.08.2004, they got married at Mumbai. The respondent preferred a divorce petition being Hindu Marriage Petition No.142/2011 under Section 13(1)(1-a) of the Hindu Marriage Act, 1955 at Family Court at Vadodara.

2.2 It was the case of the respondent before the Family Court that, she married the appellant on 12.08.2004 at Mumbai and it was a love marriage. When they married, the respondent had student visa of USA and was staying there and the appellant accompanied her to USA as her dependent. It was further case of the respondent that, they stayed there for three months and came back to India in the year 2005. After coming back to India, the respondent stayed at her parental home and the appellant stayed at Mumbai. Thereafter, in the year 2006, the appellant came to Vadodara and stayed in a rented house and after that, the Respondent informed the parents about their marriage and they arranged a marriage reception in the year 2007.

2.3 It was alleged by the respondent that from beginning of her stay with the appellant, she came to know that the appellant had habit of drinking liquor everyday and after drinking, the appellant used to harass her. She further alleged that as and when she used to return back from her service, the appellant used to beat her and started drinking. She further alleged that the appellant used to quarrel with her and abused filthy words and used to misbehave with the respondent. Thereby, the appellant used to constantly torture the respondent by causing mental and physical harassment.

2.4 The Respondent has also contended that many times, the Respondent tried to conciliate the appellant, however, it was of no avail. In para 4 of the petition before the Family Court, it was specifically alleged by the respondent that, on 02.09.2009, when the respondent came to the home, the appellant already drunk and quarreled with her and made an attempt to beat her. It was alleged by the respondent that, because of such behavior, the respondent was frightened and became unconscious and when she wakeup in the morning, the whole house was in scattered condition and as the respondent felt that there was danger of her life and after being drunk, the appellant may do anything, the respondent left the house of the appellant.

2.5 It was also the case of the respondent that because of such behavior of the appellant, more particularly the appellant attempted to beat the respondent, it was impossible for the respondent to live her life being subjected to cruelty and as there was no other alternative, filed a divorce petition before the family Court at Vadodara and prayed for divorce, as prayed for, in the divorce petition.

3. The respondent examined herself at Exh:22 and the appellant was examined at Exh:32. The respondent also examined her mother - Vaibhavi Sanjay Chittre at Exh:29. Considering the evidence on record, the family Court vide impugned judgment and decree, came to the conclusion that as per the incident of 02.09.2009 as narrated and proved by the respondent - wife, the respondent has been able to prove the grounds raised in the petition and thereby, allowed the divorce petition and annulled the marriage between the appellant and respondent.

4. Heard Mr. Abhaykumar Shah, learned counsel for the appellant