SANJEEV VYANKATESH RANADE Vs. MEGHNA SANJEEV RANADE

JUDGEMENT

(1.) By this common judgment, we propose to dispose of both the appeals together. For the sake of convenience, we will refer to the parties as 'husband' and 'wife'.

(2.) Family Court Appeal No. 16 of 2003 has been filed by the husband against the judgment and decree passed by the Judge, Family Court No. 3, Pune, dated 13th December, 2002, dismissing the petition filed by him for divorce under Section 13 (1-A) (ii) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'HMA', for the sake of brevity), being Petition A-No. 28 of 2000. The companion Family Court Appeal No. 85 of 2003, has been filed by the wife against the judgment and decree passed by the Judge, Family Court, Pune, dated 13th December, 2002 for enhancement of maintenance amount under Section 18 of the Hindu Adoptions and Maintenance Act, 1956 (hereinafter referred to as 'HAMA', for the sake of brevity), higher than the maintenance amount determined by the Family Court in petition filed by her, being Petition C - No. 55 of 2001. Besides these appeals, there are four civil applications filed during the pendency of Family Court Appeal No. 85 of 2003, being Civil Application No. 28 of 2004, 79 and 87 of 2007 filed by the wife and Civil Application No.262 of 2008 filed by a third party, Suvarna Sahakari Bank Ltd. Even the said applications will be disposed of by this common judgment.

(3.) We shall first deal with the appeal filed by the husband. The relevant facts for considering the said appeal are that, marriage was solemnised between the parties on 8th February, 1993. No issue is born out of the said wedlock. On account of some differences, the parties started staying separately. It is the case of the wife that she was sent to her parental house by her husband, and was not allowed to return to the matrimonial house and to cohabit with the husband. As a result, she filed petition for restitution of conjugal rights in the year 1998, being No. PA.813 of 1998. The said application was contested by the husband. The husband filed cross petition for a decree of divorce. However, the Court decreed the petition for restitution of conjugal rights filed by the wife and rejected the cross petition filed by the husband for a decree of divorce, vide decision dated 26th November, 2000.