DHARMRAJ VANRAJ DODIYA Vs. KAILASBEN DHARMRAJ DODIYA

JUDGEMENT

(1.) Present appeals under Section 19 of the Family Courts' Act have preferred by the appellant - husband challenging the common judgment and order passed by the learned Judge, Family Court No. 3, Ahmedabad (hereinafter referred to as "the learned trial Judge" for brevity) in Family Suit Nos. 1651 of 2000 and 807 of 2001 whereby, the petition being Family Suit No. 1651 of 2000 filed by the respondent herein - original petitioner - wife under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as "the Act" for brevity) for restitution of conjugal rights came to be allowed whereas, petition being Family Suit No. 807 of 2001 filed by the appellant herein - original petitioner - husband under Section 13(1)(ib) of the Act for divorce came to dismissed and it was directed to the appellant herein - husband that he shall bring the respondent herein wife to his home and keep her as his wife and shall fulfill his matrimonial obligations besides, costs of the petition. For convenience, the appellant and the respondent herein are referred to as the husband and the wife, respectively.

(2.) Brief facts necessary for adjudication of the present appeals are that marriage of the parties was solemnized on 02/05/1996 as per Hindu rites and rituals at Ahmedabad and after marriage they started residing in joint family. It was the case of the wife that after some time of the marriage, she was physically and mentally harassed by the husband on instigation made by her inlaws.

(3.) At the outset, it is pertinent to note that before proceeding with the matter, we tried to resolve the issue with the consent of the parties in view of the fact that more that 18 years have passed since they are living separately and hence, there appears no sense in getting reunited, to which, the wife was not agreeable and hence, we proceeded with the matter on merits.