SHRIDHAR DADA KATE Vs. USHA SHRIDHAR KATE

JUDGEMENT

(1.) This is a petition for divorce filed by the petitioner/husband (who was the petitioner also in the trial Court, but was the respondent in the earlier matrimonial proceedings between the same parties). For the sake of convenience, the parties will be referred to hereafter as husband and wife.

(2.) The facts are not at all in dispute and they have been very well stated in the Para 2 of the judgment of the trial Court. Briefly speaking, the facts are that the marriage between the two spouses took place on 12-5-1956 according to the Hindu rites. There was no issue from the marriage and ultimately the marriage went on the rocks with the result that the wife had to file Hindu Marriage Petition No. 75 of 1976 in the Court of the Civil Judge, (S.D.), Ahmednagar for obtaining decree for restitution of conjugal rights. The petition was contested but ultimately the decree for restitution of conjugal rights was passed in favour of the wife. There is no dispute that the decree has been final and conclusive. The husband did not comply with the decree and it can be said without any dispute at this stage that he did not allow his wife to stay with him. On the other hand, after the statutory period of one year, he filed the instant Matrimonial Petition No. 30 of 1979 in the District Court, at Ahmednagar, and the same came to be tried by IInd Extra Asstt. Judge, Ahmednagar. The contention of the husband was that since the decree for restitution of conjugal right had not been complied with for a period of one year, as contemplated by the statute, he was entitled to a decree for divorce from his wife.

(3.) The wife resisted the petition mainly on the ground that on applying for a decree for divorce, the husband was taking advantage of his own wrong. According to her, the wrong was two fold:---