RAJESH RAMKRISHNA CHATURVEDI Vs. SANDHYA AND ORS.

JUDGEMENT

(1.) SINCE the parties to these Family Court Appeals are the same and since the Family Court, Nagpur has decided the petition fled by the husband for a decree of divorce as also the petition fled by the wife under Section 9 of the Hindu Marriage Act for restitution of conjugal rights and a petition fled by the wife under Sections 18 and 20 of the Hindu Adoptions and Maintenance Act, 1956 by the common judgment, the appeals are heard together and are decided by this common judgment.

(2.) THE husband had fled a Hindu Marriage Petition in the Family Court under Sections 13(1)(i -a) and (i -b) of the Hindu Marriage Act for a decree of divorce on the ground of desertion and cruelty. So also, the wife had fled a Hindu Marriage Petition against the husband for restitution of conjugal rights. The wife had fled yet another petition under Sections 18 and 20 of the Hindu Adoptions and Maintenance Act for grant of maintenance for herself and her minor daughter.

(3.) THE wife fled the written statement and denied the claim of the husband. The wife denied that she was suffering from leukoderma on her right hand. It was denied that the wife treated the husband with cruelty. It was denied that the wife refused to cook for the husband and used to ill treat the mother and sister of the husband. The wife denied that she threw tantrums and abused the husband. Though each and every averments made in the petition was not denied specifically, the wife denied the allegations made in the petition. The wife pleaded that the father and mother of the husband were interfering in the private life of the husband and wife right from the inception of the marriage and at their instigation, the husband had fled the petition for divorce. It was pleaded that the husband had refused to take the wife to the matrimonial home after she returned to India for the delivery of the child. The wife sought for the dismissal of the petition fled by the husband. The wife fled the Hindu Marriage Petition for restitution of conjugal rights pleading therein that though the wife was ready and willing to reside with the husband, the husband had refused to take the wife in the matrimonial home along with the baby girl. The wife claimed monthly maintenance of rupees one lakh for herself and Rs. 50,000/ - for the minor daughter by fling a petition under Sections 18 and 20 of the Hindu Adoptions and Maintenance Act.