JUDGEMENT
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(1.)All these appeals filed by a husband against his wife in three matrimonial proceedings involve common questions of law and
facts. These are commonly heard and decided by the first appellate
Court by common judgment. These are commonly argued before
me and therefore I am disposing them of by this common judgment.
(2.)The facts relevant for deciding these appeals may be stated as follows:
The appellant - Pravin is serving at Mukti, Tq. & Dist. Dhule as
a teacher of medium school. His father was Assistant Commissioner
in Tribal Development Department, Nashik and his mother was a
Primary Teacher at Dhule. On 22/1/2005, Pravin married to the
respondent - Surekha and thereafter they started cohabiting at
Dhule. Surekha's maternal house is at a distance of about 10
minutes walk from her matrimonial house. Surekha is M.A. B.Ed.
The parties cohabited together from 22/1/2005 to 11/4/2006 and
thereafter they separated, when Surekha was in 7th month of
pregnancy. Out of the wedlock, Surekha gave birth to a daughter
named Purva (Respondent No.2) on 3/7/2006. On 12/5/2005,
Surekha suffered termination of pregnancy. On 11/9/2006, Pravin
issued notice demanding divorce. Surekha sent reply dt. 21/9/2006
and offered to cohabit with Pravin. These facts are not in dispute.
(3.)On 5/10/2006, Pravin filed HMP No. 218/06 in the court of Civil Judge Sr. Divn., Dhule for divorce on the ground of
mental cruelty u/s 13(1)(ia) of the Hindu Marriage Act, 1955. As per
the petition, Pravin and his parents were serving and Surekha used
to be alone in the house. She was having responsibility to look after
the house and show proper respect to her matrimonial relatives but
she used to go to her maternal house 3 to 4 times in a week and
whenever Pravin and his parents used to come home, they used to
see their house locked. They were required to make search for
Surekha or to wait for her on the platform outside the house.
Whenever Surekha was accosted about her behavior, she used to
raise hue and cry by coming out of the house. Whenever Pravin or
his mother used to come to house early, they used to find Surekha in
the company of her friends, both male and female. She was not
taking cognizance of their arrival and used to continue to enjoy the
company of her friends. Pravin and his relatives in order to avoid
defamation of the family, used to keep quiet. Whenever Surekha
was accosted about the same, she used to make counter allegations
and used to threaten them that she would commit suicide by
immolation and would send all of them in jail. She used to raise
shouts as if she was being assaulted. Her behaviour was causing
mental cruelty to Pravin and his mother. Whenever Pravin objected
to her frequent visits to her maternal house, she used to cut off talks
with him and his relatives. Pravin alleged that, on 12/5/2012, she
consumed tablets and without intimation to him and his parents
underwent medical termination of pregnancy. On 11/4/2006, in the
7 th month of pregnancy of Surekha, Pravin's mother performed
religious function to welcome the expected child and thereafter
Surekha on her own went to her maternal house and on 3/7/2006,
she gave birth to a female child. This news was not communicated
to Pravin and his parents. In order to take revenge and cause
cruelty, she filed FIR u/s 498A IPC against Pravin and family
members with the SP office, Dhule. Pravin and his parents were
called at S.P. Office and Surekha by her behavior created terror in
their minds at the S.P. Office. Considering the facts, Pravin came to
the conclusion that, divorce was the only alternative and therefore
he issued notice dt. 11/9/2006. Surekha sent a false reply and
hence the Divorce Petition came to be filed.
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