P RAJESHKUMAR BAGMAR Vs. SWATHI RAJESHKUMAR BAGMAR

JUDGEMENT

(1.) HEARD both sides. The facts involved in this case are that the revision petitioner herein has filed O. P. No. 600 of 2001 on the file of Principal Judge, Family court, Chennai against the respondent herein for restitution of conjugal rights un der Section 9 of the Hindu Marriage Act, hereinafter referred to as Act. The respondent herein has filed counter-claim under section 23-A of the Hindu Marriage Act in la. No. 228 of 2007 for the relief of dissolution of marriage. The petitioner had raised a preliminary issue that the respondent, as a deserted spouse should begin the case. The Court below passed an order dated 5-9-2007 directing the petitioner herein to begin the case, hence, the present civil revision petition.

(2.) MR. Sundararajan, learned counsel appearing for the petitioner submitted as follows :-

(3.) MR. Sugumar, learned counsel for the respondent submitted that the petitioner and his family members ill-treated the respondent and demanded more jewellery, cash for starting a business, Kinetic Honda scooter; that the petitioner stopped the servant maid and extracted all works from her, with the result, she fell ill; that the respondent was physically assaulted on 13-6-2000, hence, she left the matrimonial house on 15-6-2000; that during the stay of the respondent at her parent's house, she delivered a female child but the petitioner not even visited the child except on one occasion in the hospital that too after persuasion; that the said act of the petitioner amounts to cruelty, which was a reasonable cause for her to leave the matrimonial home. When the husband filed petition for restitution of conjugal rights on assertion that wife had withdrawn from the society without any reasonable cause, the burden of proving those averments of assertion made by the husband lies on him. Explanation to Section 9 would not make any difference in this proposition of law. In support of this contention, the learned counsel for the respondent relied on (Smt. Jyothi Pai v. P. N. Pratap kumar Pai) AIR 1987 Kar 24, wherein a learned single Judge of the Karnataka High court held in Para No. 2 thus :-