02.The facts leading to the appeals are that
the original applicant and respondent are husband and
wife. They got married on 06-12-2007 as per Hindu
rites. Their marriage is still subsisting. They
have two children. At the time the application was
filed, elder son was aged 07 years; whereas younger
was 03 years old. The parties i.e. husband and wife
resided together at Parbhani and Mumbai. Husband is
M.B.B.S. and has Diploma in Child Health; whereas the
respondent is B.A.M.S. and she is also practicing as
Medical Officer. It is contended that till Diwali of
2015, the relationship was smooth. Respondent - wife
went to Nanded along with children for Diwali
festival, which was her parental home, with a promise
that she would come within a week. However, when the
husband had talked with her, 5 - 6 days thereafter
and asked her to come back at Parbhani, she did not
speak properly. Thereafter, there was reluctance.
It was also told that the school of the elder son
would open; still she did not come and thereafter she
flatly refused to cohabit with him. When he tried to
meet them, the father of the respondent had refused
to allow them to meet. He had then sent a legal
notice dated 31-05-2016 to her but she did not
respond to obey; however, false reply was given on
the ground that the husband is having illicit
relations with the wife of the younger brother of the
