Case Note & Summary
The appeal arises from the dismissal of a divorce petition by the Family Court, Aurangabad. The appellant-husband, a professor, married respondent-wife on 4 June 1990 as per Boudha rites, and they had two daughters, Aishwarya and Mansi. The husband alleged cruelty and adultery. He claimed the wife insisted on separate residence, quarrelled with his joint family, and deprived him of sexual relations since August 2000, threatening suicide. He also challenged the paternity of the second daughter, Mansi, born on 23 February 2001, asserting that the couple had no physical contact for seven months prior, and that her blood group (A negative) was scientifically incompatible with both parents (A positive). The husband alleged that the wife confessed Mansi was not his child. He further pleaded that the wife had an illicit relationship with respondent no. 2 and had contracted a second illegal marriage with him, supported by photographs showing them in a marital posture. Amendments to the petition incorporated allegations of living in adultery with respondent no. 2. The wife denied all allegations. She contended that the husband was a womanizer having an affair with a lady professor, which motivated the false accusations. She asserted that the husband had always treated Mansi as his own, celebrating her birthdays, and never earlier questioned paternity. She explained that the blood group difference does not disprove parentage. She accused the husband and his relatives of assault, driving her out, and filing a false petition for restitution of conjugal rights in 2003, which was compromised. The wife claimed the house was a gift from her father. The Family Court dismissed the husband’s petition on 18 September 2014, leading to the present appeal. The High Court heard arguments and reserved judgment on 13 March 2018, pronouncing it on 21 March 2018. The judgment text in the record breaks off during the narration of the wife’s submissions, and no final opinion, ratio, or decision is captured.
Issue of Consideration
FAMILY COURT APPEAL NO.43 OF 2017
Case Details
2018 LawText (BOM) (03) 5
Family Court Appeal No.43 of 2017
S.S. Shinde, S.M. Gavhane
Mr.B.S. Bhale Advocate for Appellant; Mr.S.R. Dheple Advocate for Respondent No.1; None present for Respondent No.2
Manohar s/o Ramchandra Jadhav
Sau. Sangita w/o Manohar Jadhav; Kailas s/o Dagdu Gaikwad
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Nature of Litigation
Appeal against dismissal of husband's divorce petition on grounds of cruelty and adultery.
Remedy Sought
Appellant-husband sought dissolution of marriage and decree of divorce.
Filing Reason
Husband alleged cruelty by wife, denial of sexual relations, false paternity of second daughter, wife's extra-marital relationship and second marriage with respondent no.2.
Previous Decisions
Principal Judge, Family Court, Aurangabad dismissed Petition No.A351 of 2008 on 18th September, 2014.
Submissions/Arguments
Appellant-husband claimed wife insisted on separate residence, quarrelled with joint family, deprived him of sexual relations, threatened suicide, and gave birth to a child from an extramarital relationship; he also alleged wife's second marriage and adultery with respondent no.2.
Respondent-wife denied all allegations; she contended husband was a womanizer having an affair with a lady professor, had always accepted the second daughter, and that blood group difference does not disprove paternity.
Judgment Excerpts
The marriage between Appellant-husband and Respondent No.1-wife was solemnized on 4th June, 1990 as per 'Boudha' rites, at Aurangabad.
Blood group of Appellant and Respondent No.1-wife is 'A' positive. On the other hand, the blood group of his daughter Mansi is 'A' negative. Scientifically this is not possible.
By way of amendment to the Petition, the Appellant has contended that Respondent No.1 had performed second illegal marriage with Respondent No.2.
It is submitted that daughter Mansi has completed 8 years of age on 23rd February, 2008. All along this period, Appellant has treated her well and celebrated all her birthdays.
Procedural History
Appellant filed Petition No.A351 of 2008 in Family Court, Aurangabad for divorce on grounds of cruelty and adultery. Family Court dismissed petition on 18th September, 2014. Appellant filed Family Court Appeal No.43 of 2017. Earlier, appellant had filed Petition No.A170 of 2003 for restitution of conjugal rights, which was closed after compromise.
