RAJAT KUMAR ALIAS SONU Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The marriage between respondent No. 2 and the revisionist was solemnized on 19/2/2018, in accordance with the Hindu Rites and Rituals and thereafter there arose certain family disputes amongst themselves and it is alleged by the revisionist that the respondent/wife has voluntarily deserted him and is residing with her parents and he has contended that despite of various efforts made by the revisionist to retrieve her back, she has not joined the revisionist and had tacitly declined to discharged her matrimonial obligations.

(2.) Consequently, in order to revive the matrimonial relationship, the revisionist contends that he has initiated the proceedings under Sec. 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights by moving an application to the said effect on 13/6/2018, which is pending consideration and has not yet been decided. It may be a fact that he has initiated a proceeding under Sec. 9 of the Hindu Marriage Act, 1955 to retrieve back his wife, which he contends that she has voluntarily left the matrimonial home; but that is a fact, which is yet to be judicially decided by the Courts, and its only on the culmination of the proceedings under Sec. 9 of the Hindu Marriage Act, and until and unless a specific finding is recorded by the Court below after considering the rival evidence between the parties, no inference can conclusively be drawn at this stage that as to whether actually a desertion has been taken place or not, and under what circumstances the respondent/wife and the revisionist are living separately.

(3.) It is an admitted case that on 4/8/2018, when the respondent/wife has initiated the proceedings under Sec. 125 Cr.P.C., which was registered as Case No. 8 of 2018, Smt. Konika v. Rajat, in which she has raised a claim for the grant of a maintenance to her @ Rs.20,000.00 per month and in support of her contention she has submitted that the revisionist who is working in a private company is having an income of about Rs.25000.00 per month and hence she would be entitled to be paid with the amount of maintenance which she has claimed in her application.