LAWS(UTN)-2009-7-62

COL D S GODARA Vs. RAJESHWARI SINGH

Decided On July 01, 2009
Col D S Godara Appellant
V/S
RAJESHWARI SINGH Respondents

JUDGEMENT

(1.) THESE two appeals, preferred under Section 19 of Family Courts Act, 1984, are directed against the judgment and order dated 13.03.2008, passed by Principal Judge, Family Court, Dehradun, in suit No. 30 of 2002 (Old No. 452 of 1992), whereby said court had dismissed the petition for divorce, moved by the husband, and decreed the counter claim for restitution of conjugal rights, made by the wife (respondent).

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) BRIEF facts, giving rise to these appeals, are that appellant Col. D.S Godra, got married to respondent Rajesehwari Singh on 27.06.1985, according to Hindu rites, in Bharatpur, Rajasthan. After the marriage, couple lived together in Hisar (parental house of the husband). A male child was born out of the wedlock in the year 1989. Thereafter the couple lived together in Dehradun where the husband got posted. Meanwhile, relations between the husband and wife started souring and the wife left her husbands house on 24.03.1990, and since then living in her parental house in Bharatpur. The appellant (husband) earlier filed suit No. 834 of 1990, for restitution of conjugal rights. However, the same was withdrawn on 20.07.1992. Thereafter, he instituted the petition for divorce, on 27.07.1992 which was initially registered as suit No. 452 of 1992, with the pleading that the respondent (wife) treated him with cruelty. It is stated by the husband that his wife used to quarrel with him and his life was made hell. It is further pleaded that respondent deserted the company of the petitioner on 24.03.1990, as she went to Bharatpur against his wishes. As such, on the grounds of cruelty and desertion, the divorce is sought by the husband. It appears that after creation of Family Court at Dehradun, the suit was transferred from the court of Civil Judge (Sr. Div.), Dehradun to Principal Judge, Family Court, Dehradun (where it was registered with New No. 30 of 2002).