SUSHILA Vs. AMRITLAL

JUDGEMENT

(1.) This order shall govern disposal of the aforesaid two appeals which arise out of common judgment dtd. 12/2/2016 dismissing wife's application for grant of decree of divorce on the ground of cruelty but allowing the application under Sec. 9 of Hindu Marriage Act for restitution of Conjugal Rights filed by the husband.

(2.) An application under Sec. 13 of the Hindu Marriage Act was filed by the wife - Sushila against her husband on the pleadings that the parties were married on 12/5/2011 according to Hindu rites and rituals. Smt. Sushila wife of Amritlal moved an application under Sec. 13 of the Hindu Marriage Act for grant of decree of divorce registered as Civil Suit No.67- A/2014 on the pleadings that ever since their marriage, husband's behavior towards his wife had not only been indifferent but also cruel inasmuch as he remained engaged in frequent quarrels on trivial issues. It is also stated in the application that the husband was in the habit of giving assault and unceremoniously shunting her out from the matrimonial house saying that he would contract second marriage because he does not like her. Her further pleading is that on 20/12/2011 she was assaulted and deserted with the threat that if she came back to live with him, she would be killed. She, therefore, had no option but to go back to her parental house at Haldibadi and inform her parents about this act of the husband. Later on, a community meeting was called but the respondent/husband refused to continue with the marital life. Wife having waited for considerable period, in the absence of any response, was left with no option but to seek decree of divorce. In the reply filed by the husband, the cruelty attributed to him by his wife was denied. Rather, the husband took a different stand that the wife was not interested in residing with him and after she went to her parental house, she did not return despite repeated efforts made by him and other members of his family. Even in the community meeting, wife - Sushila refused to come back to her matrimonial house.

(3.) An application under Sec. 9 of the Hindu Marriage Act was also filed by the husband Amritlal, seeking restitution of conjugal rights which was registered as Civil Suit No.18-A/2014. In his application it was pleaded that on 16/1/2012 the uncle of Sushila had come for taking her to parental house. Thereafter, no information was given nor did Sushila return. The husband, therefore, sought indulgence of the respectable members of his community and when he went to the house of the wife - Sushila to take her back, her parents refused to send her along with him. Even Sushila did not agree to accompany him. Reply to the application for restitution of conjugal rights was filed by the wife on the ground that she was subjected to cruelty in connection with demand of dowry and, therefore, she was justified in living separately.