Indira Jain JUDGMENT
Indira Jain, J.
1. 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, Amravati dated 30-12-2015 dismissing the petition filed by appellant/wife for dissolution of marriage on the ground of cruelty under Section 13(1)(i-a) of the Hindu Marriage Act, 1955.
4. Facts giving rise to the appeal may be stated in brief as under :-
Appellant is wife of respondent (hereinafter appellant shall be referred as 'wife' and respondent shall be referred as 'husband'). They got married on 11-03-2000 as per customary rites. After marriage wife went to Wardha to cohabit with the husband. The family of husband was consisting of his father, mother, brother, sisters and two kids of married sister. It is the case of wife that soon after marriage she realized that approach of family members towards her was not good. They used to taunt, disrespect and harass her. She was an Engineer whereas her husband was 12th passed. As she was highly educated members in the family were under the impression that she feels embarrassment in doing household work. According to wife though she is a qualified Engineer she has spent her entire time in taking care of the family members and further choosing to be a housewife.
5. It is pleaded by the wife that she underwent two miscarriages and in the third pregnancy delivered a male child on 26-12-2004. Child is in her custody. After two miscarriages she had to opt for a job at Wardha as it was difficult to maintain the family with the meager salary of the husband. Respondent however went on shifting his job from place to place and appellant used to accompany him. She requested respondent to shift to Pune in the interest of education of child and as Pune being a big city lot of opportunities would be available to him also. Respondent refused to shift to Pune. That left with no alternative to the wife to shift to Pune along with her four year old child at the house of her brother.
6. In 2009 she could get rented accommodation and started residing with her child separately. Respondent was rarely visiting Pune to meet his wife and child. She could secure job at Pune and settled there. A flat was purchased by her in 2010 in the joint name of her husband and herself. Respondent did not share a single pie towards installments. Thereafter respondent all of a sudden shifted to Pune and spent months together without doing any work. On the insistence of wife he started Laptop Service Center in the year 2011 at home. He did not pay attention and so business went in loss. Respondent used to remain at home without any work and started raising quarrels with the wife on trivial issues for no reasons. She was being abused as she was educated and was doing a job.
7. In July, 2011 wife could get a job of Senior System Manager in I.B.M. Company and her responsibilities increased as she was required to work in a shift from 01.30 pm to 10.30 pm. Respondent started suspecting character of wife as she was required to remain at the work place till late in the night. He used to abuse her in filthy language saying that she is a characterless lady having relations with many persons and coming late in the house. Due to tremendous mental and physical stress wife was required to call her mother to stay with her for some time.
8. In August, 2012 wife came late at home from the office. Husband started abusing her in filthy language saying that she is characterless and having affair. On intervention of her mother respondent abused her mother too in filthy language and assaulted wife by giving fist blows on her face.
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