The petitioner Prabhakar Nikam is a resident of Bhalgaon in Buldhana and married Satyabhama on May 24, 1983. The couple have a son by name Vivek. In his petition Prabhakar alleged that his wife was not desirous about leading a happy life with him. "She was in the habit of often going to her parents house without any reason. She also used to pick up quarrels and behave arrogantly with her in-laws," the petitioner charged.

After meeting with an accident in 1989, Satyabhama went to her parents home never to return, Nikam claimed. He also tried to bring her back, but Satyabhama treated him with cruelty and drove him away, the petitioner contended. He asked for a relief under Section 13-A of the Hindu Marriage Act, 1955.

However, Satyabhama argued the matter even more strongly and categorically denied all the allegations of her husband. She claimed that it was Nikam who ill-treated her and forced her to bring dowry from her parents.

She also claimed that she had tried to end her life due to the ill-treatment meted out to her. She, however, did not disclose it to others as she did not want to severe the relations.

After hearing arguments from both sides, the court observed that a case for divorce was not made out and that Nikam had failed to prove the cruelty as well as desertion.

"Essentially, the petitioner must first make out a ground for divorce and then the court may exercise its discretion to grant decree for judicial separation or a decree for divorce. When at all no ground is made, there could be no occasion to use the discretion. In this case, we have found that the finding on issue of desertion and cruelty has gone against the petitioner. Therefore, there is no ground for divorce," the court observed.

 Source : Times of India