WIFE Vs. HUSBAND

JUDGEMENT

(1.) These two Appeals can be disposed of by a common judgment as the challenge in these Appeals is to the same judgment and decree.

(2.) Considering the nature of the dispute, we direct that the names of the parties shall be masked in this judgment. We are referring to the parties for the sake of convenience as the husband and the wife. We are also directing that while reproducing the portions of the pleadings and/or evidence in this judgment, the names appearing therein shall be masked.

(3.) The marriage between the parties was solemnised on 19th May, 1994. The husband initially filed a Petition claiming a decree of divorce on the ground of cruelty under clause i (a) of Sub-Section (1) of section 13 of the Hindu Marriage Act, 1955 (for short 'the said Act'). During the pendency of the Petition, by way of amendment, the ground of desertion was added by invoking clause i(b) of Sub-Section of 13 of the said Act. Apart from seeking a decree of divorce, a decree of permanent injunction was claimed by the husband enjoining the wife to remove herself from Flat No. A 403, Padmavati, 3rd Cross Lane, Swami Samarth Nagar, Andheri, Mumbai 400 004 (described in the Petition as ' the suit premises'). The third and the last prayer is for substantive relief of injunction restraining the wife from harassing the husband in any manner whatsoever. The written statement and the additional written statement were filed by the wife. On the basis of the pleadings of the parties, the learned Judge of the Family Court framed the issues and additional issues, which read thus: <FRM>JUDGEMENT_237_LAWS(BOM)3_20171.html</FRM> <FRM>JUDGEMENT_237_LAWS(BOM)3_20172.html</FRM>