MANOJ Vs. SOU. VIJAYA

JUDGEMENT

(1.) Since both these appeals arise from the common judgment of the Family Court, Nagpur dated 1542009 and similar issues arise for determination in the same, they are heard together and are decided by this common judgment.

(2.) The appellant in First Appeal No.547 of 2010 is the husband of the appellant in First Appeal No.129 of 2010. The parties are legally wedded husband and wife and their marriage was solemnized on 2931998 at Indraprastha Mangal Karyalaya according to the Hindu rites and customs. It is not in dispute that after the solemnization of the marriage, the parties started residing in the house of the husband at Ujjawal Nagar, Nagpur and thereafter shifted to Bhusawal. Two children are born from the wedlock namely Kum.Rachita, who was aged about 5 years at the relevant time in the year 2005 and son Ayush, who was then aged 2 years. Both the children are residing with their mother, the appellant in First Appeal No.129 of 2010.

(3.) In the year 2005, the wife filed a petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. It is pleaded in the said petition that the parties resided together in Nagpur for a period of about 6 to 7 months and during that stay, the wife was harassed and tortured mentally and physically by the mother of the husband. It is pleaded in the petition that the mother of the husband, i.e. the motherinlaw of the wife had illtreated her and harassed her mentally and physically when she visited Bhusawal on a couple of occasions. It is pleaded in the said petition that the husband and his parents had demanded and accordingly, the parents of the wife had paid an amount of Rs.75,000/to the husband as dowry. It is pleaded that gold ornaments, colour television, various valuable articles were presented to the husband at the time of solemnization of the marriage. It is pleaded that though so many items were gifted to the husband and his family, the parents of the husband unnecessarily harassed the wife. It is pleaded by the wife that the motherinlaw used to provoke the husband and he used to ask the wife to bring money from her parents. It is pleaded that if the wife refused to do so, the husband used to mercilessly beat the wife by fists, kicks, utensils, sticks, etc. It is pleaded that the husband had once had a fall and he received minor injuries to his leg. It is pleaded that when this incident occurred in March, 2004, the motherinlaw came to Bhusawal and abused the wife, as according to her, the wife was responsible for the said incident. During the stay of the motherinlaw for a period of 7 days at that time, she regularly abused the wife and asked her to bring money from her parents. It is pleaded that on 01/04/2004 the motherinlaw had instigated the husband and on the provocation, the husband had beaten up the wife mercilessly and pushed her on a wall by holding her hair and also throttled her neck as a result of which she fell unconscious and suffered injuries to her head and other parts of the body. It is pleaded that the parents of the wife had visited Bhusawal to see the condition of the husband as well as the wife.