NISHA PRAVEEN PATIL Vs. PRAVEEN MANOHAR PATIL

JUDGEMENT

(1.) These two appeals are filed by the wife challenging the common Judgment and Order passed by the Family Court at Belagavi in M.C. No.63/2014 and M.C. No.80/2014 dated 07.04.2016.

(2.) In this Judgment, the parties shall henceforth be referred to as husband and wife. M.C. No.63/2014 is filed by the husband for restitution of conjugal rights while M.C. No.80/2014 is filed by the wife for divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955.

(3.) The husband filed M.C. No.63/2014 claiming that their marriage was registered on 31.10.2012 without the knowledge of their respective parents and that after the marriage was registered, they informed their parents and that their parents accepted their marriage and that the wife joined the husband to lead a married life. He stated that they lived for one month peacefully and happily and that the marriage was consummated and after about one month, his in-laws requested that the wife be sent to their house for few days and after she went to her parental house, she did not return. The husband went to his in-laws with an intention to bring back his wife, but his in-laws assured that she would be sent soon, but did not. Later, the husband realized that his wife was avoiding him and whenever he tried to contact her and when he went to the house of in-laws, he was not treated properly by his in-laws and other members of the family. As such, he stated that there was separation for more than one year. He, therefore, contended that his wife was under the control of her parents and she was being restrained by her parents from coming in contact with her husband. With these contentions, he filed a petition contending that his wife had withdrawn from his company without there being any justifiable reason though he was willing to lead a married life with his wife. Therefore, he sought for restitution of conjugal rights.