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2021 Supreme(Online)(Bom) 1146

BOMBAY HIGH COURT
P.R. Marget, J
Prakash Babu Mishra v. Sou. Asha Prakash Mishra
Marriage Appeal No. 25 of 2013



Advocates:
For the Appellants/Petitioners: Shri N.S. Deshpande
For the Respondents: Shri S.P. Kshirsagar

The allegations needed specific proof to constitute actionable cruelty, which was not provided by the appellant.

Headnote:The court analyzed the law concerning matrimonial disputes and applicable standards for proving actionable cruelty under family law. The case centered on allegations of misconduct by the wife as claimed by the husband, including behavioral and character allegations, neither of which were substantiated with sufficient evidence. The court emphasized the necessity for details in claims of marital misconduct, underscoring the husband's failure to present adequate proof. Ultimately, the appeal was dismissed, affirming the trial court's decision.

Table of Content
1. marriage and surroundings of separation are outlined. (Para 1 , 2 , 4)
2. evidence and allegations of cruelty presented. (Para 5 , 6)
3. court evaluates evidence adequacy and encourages substantiation. (Para 7 , 8 , 9 , 10 , 11)
4. findings on actionable cruelty and dismissal of the appeal. (Para 15 , 16 , 18)

1. Employee working in C.R.P.F. married with a girl from Nagpur under the expectation that he will be having peaceful married life. But, his dreams were tarnished. Their matrimonial life survived for 12 months. Since 18/07/2009, they separated. It was the choice of wife first to approach the Family Court, Nagpur. Husband failed to make any provision for maintenance for life partner as well as for the son. Next, it was the turn of husband to approach the Family Court, Nagpur to redress his grievances against the wife.

2. The husband was not successful in his mission. He sought separation of marital tie by passing decree of divorce. It was on account of misbehaviour and non - performance of marital obligations by the wife. Wife denied them. Husband failed to convince the Family Court. The result is dismissal of the petition No.25/03/2013. That is how husband has approached this Court with a request to re - appreciate the evidence and give verdict in his favour. Learned Advocate Shri N.S. Deshpande argued for husband / appellant. Whereas, learned Advocate Shri S.P. Kshirsagar argued on behalf of respondent - wife.

3. We are supposed to decide whether the behaviour of the wife is of such nature as to fall within the purview of ''actionable cruelty''. As everyone knows every matrimonial dispute does not give rise to Court action. Any family is also not free from disputes / differences of opinion. Only when such differences crosses the limits one spouse gets right to go for separation against erring spouse.

4. Before going into the contentions issues, let us understand few admitted facts.
ADMITTED FACTS
a) The marriage solemnized at Nagpur on 18/04/2008 as per Hindu rites.
b) The husband was working in Military department and posted at Pathankot.
c) The husband has taken leave for 15 days. After the marriage, both have cohabited at Pachora, District Jalgaon. And then he resumed job at Pathankot.
d) Husband came back to Pachora, Jalgaon in the month of August, 2008.
e) Wife joined the company of the husband at Pathankot. It was in the month of October / December, 2008.
f) Wife delivered a male child on 17/06/2009 in Military hospital at Pathankot.
g) Both are residing separately from 18/07/2009.
h) Meeting was conducted for settlement with the mediation of Shri Tiwari in the month of April, 2010 but it has not materialised.

5. EVIDENCE ADDUCED
Apart from himself, the husband examined his father and sister. Whereas, wife was the sole witness from her side. The instances of cruelty meted out by the wife to the husband as pleaded and deposed by the husband are as follows :
IN THE MONTH OF AUGUST, 2018
a) Suspecting character of husband. This is based on one instance happened with a girl by name Sanju (aged 3-4 years). Husband feeded food to her when she came, when husband was taking lunch. Feeling angry, wife beat the girl Sanju.
b) When husband returned home on leave, he noticed wife a lazy fellow. She was not performing household work and she was not respecting in laws and quarrelling with them.
c) She was suspecting character of husband on account of his illicit relationship with his younger sister. Loudly blaming husband in the presence of others.
INSTANCES AT PATHANKOT
a) she was not performing household work and creating hindrance for the husband to attend the office in time.
b) After becoming pregnant, in stead of going to Nagpur for rest, called her mother and sister to Pathankot and then started quarreling with him.
c) Quarreled with her sister Guidya for the reason that she pressed the dress of the husband.
d) Suspecting character of husband on account of illicit relations in between husband and sister - in - law.
e) Sister - in






























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