SANGEETA PRASHANT KHOPKAR Vs. PRASHANT MOHAN KHOPKAR

JUDGEMENT

(1.) BOTH these appeals are being decided by this common judgment as they arise from the common judgment dated 29 -3 -2007. F.C.A. No. 85 of 2007 has been preferred by the appellant wife challenging the decree for divorce passed by the Family Court in Petition No.A -32/2003 that had been filed by the respondent husband. F.C.A. No. 96 of 2007 arises out of dismissal of Petition No.A -812/2000 that had been preferred by the appellant wife for restitution of conjugal rights. In these proceedings, the wife has been referred to as the appellant and the husband has been referred to as the respondent.

(2.) THE marriage between the parties took place on 17 -12 -1988. The appellant was working on a clerical post in a Bank while the respondent who had done his Ph. D. in chemistry, was running a Small Scale Industry. After their marriage, the parties were initially residing at Ville Parle. On 23 -9 -1989, a daughter was born to the couple. As the appellant's mother -in -law remained busy in her social activities, the appellant's mother used to look after said child. However, differences arose between the appellant and her mother -in -law. The appellant was hospitalized in June 1993 on account of blood pressure. After discharge, her mother -in -law did not allow her to stay with the respondent and hence, she was required to reside separately. The respondent acquired a flat at Dahisar and shifted there in July, 1993. The appellant stayed there with the respondent for a month. On 9 -9 -1993, a son was born to the couple. The appellant had thereafter started residing at her mother's place and subsequently, in a residential accommodation belonging to her maternal aunt. Since July 1999, she was staying with her mother. Though she was ready to reside with her husband, either at Ville Parle or any other nearby place without disturbing the children's status, no arrangements were made by the respondent. Hence, ultimately, she filed Petition No. A -812 of 2000 under Section 9 of the Hindu Marriage Act, 1955 (for short the said Act) seeking restitution of conjugal rights.

(3.) THE respondent on 3 -12 -2002 filed Petition No.A -32 of 2003 under provisions of Section 13(1)(ia) of the said Act for divorce on the ground of cruelty. According to him, the appellant used to humiliate him in presence of their children. She had also tried to sever ties with his parents. According to him, when he was suffering from Chickenpox in 1997, the appellant had failed to take proper care. On the contrary, the appellant sought back money that was spent by her during his illness. He further stated that the appellant used to get unnecessarily angry and on one occasion, had beaten the respondent as well as their daughter with a stick. She had also given threats of suicide and had lodged false complaints against the respondent. It was further stated that in the last week of October 2002, the appellant had called up at the respondent's office in Vasai and had abused the respondent and his staff. It was stated that the appellant and the respondent were residing separately since August, 1999. Therefore, prayer was made for grant of divorce under Section 13(1)(ia) of the said Act or in the alternative, for a decree of judicial separation under Section 10(ii) of the said Act.