PARBHAT SHEKUBA PAWAR Vs. SWATI ALIAS PUSHPA

JUDGEMENT

(1.) Heard learned advocates for respective parties.

(2.) This appeal is preferred by appellant-husband feeling aggrieved with the judgment of Judge, Family Court, Aurangabad in Petition No. A-440/2003 whereby the petition preferred by this appellant under section 13 of Hindu marriage Act 1955 for dissolution of marriage is dismissed and by allowing counter claim preferred by respondent-wife a decree for restitution of conjugal rights is passed against the appellant. The facts relevant for the purpose of this appeal are as under :

(3.) The marriage of this couple was performed on 2-5-1994 as per Hindu rites and customs. The couple is having one daughter by name Tejashree who was six years of age at the time of filing of the petition. The husband is serving in m. S. C. bank branch at Aurangabad since 1992. The respondent-wife is qualified and possessing educational qualification M. A. B. Ed. After the marriage when she was cohabiting with the husband, she was insisting that the husband should search some job for her. When the husband could not search the job for her, in the month of January, 2000, she had left the house of the husband saying that she will not turn up to his house till job is searched for her. She stayed at the house of her parents upto May 2000. Thereafter, she returned back to the husband's house when he gave assurance to search a job for her. She herself got job as a Junior lecturer in Jaibhavani Junior College, Garkheda, Aurangabad. She informed her husband that for the said job she has incurred expenses of Rs. 75,000/- and asked husband to make provision for the same and the husband claims to have made provision of said amount by borrowing loan of Rs. one lakh. Thereafter, she had joined service as a Junior Lecturer with monthly salary of Rs. 12,000/ -. When this couple was staying in the house of one Shri Y. N. Tambe in Sudarshannagar, cidco, Aurangabad. One day, the husband had gone out of Aurangabad for some work and in the evening when he returned back, he got information from kailash Kolte that one Rangnath Jadhav the office bearer of educational institution where she was and is serving, had visited the house of appellant and he misbehaved with the respondent-wife. On that information, the husband asked the wife to leave the job as his status in the society is going to be disreputed. However, wife refused said proposal. After that incident there was change in her attitude. All the while she used to remain aloof and was not taking interest in the household matters. In spite of the advice from the husband that she should not get disturbed, there was no change in her behaviour and lastly she left his house on 3-10-2001 and started staying at the house of her parents. Thereafter, he made many attempts to fetch her back, but he did not succeed. On 13-8-2003, in daily news paper "samana" there was a news about the incident of outraging the modesty of respondent-wife because of which she is staying at the house of her parents. When the husband got information of the said news, he concluded that the wife had no desire to stay with him and it being a desertion for a period of more than 2 years, he had filed petition under section 13 (1) (b) of Hindu Marriage act, 1955 for dissolution of marriage.