LAWS(BOM)-2017-7-16

TUSHAR SUDHAKAR GULHANE Vs. SAU. UJWALA TUSHAR GULHANE

Decided On July 01, 2017
Tushar Sudhakar Gulhane Appellant
V/S
Sau. Ujwala Tushar Gulhane Respondents

JUDGEMENT

(1.) By this family court appeal, the appellant-Husband challenges the judgment of the Family Court, Amravati dated 01.02.2013 allowing the petition filed by the respondent-Wife for a decree of restitution of conjugal rights under the provisions of the Hindu Marriage Act.

(2.) Few facts giving rise to the appeal are stated thus:-

(3.) The husband denied the claim of the wife and denied each and every adverse allegation levelled against him. The husband pleaded that his family members gave a grand reception at Ujjain after the marriage. It is pleaded that after the marriage, the parties started residing together at Pune in a rented house. It is pleaded that after some time, the mother of the husband purchased a flat at Chinchwad, Pune after securing loan from the H.D.F.C. Bank. It is pleaded that the husband purchased television, D.V.D. Player, Food Processor after securing a loan for purchasing the same. It is pleaded that though the husband had some physical disability, he performed his job satisfactorily and also took private tuitions with a view to earn more money. It is pleaded that when the wife had gone to Amravati for delivery, the husband had sent the amount required for the said purpose by money order. It is pleaded that the statements made by the wife in the petition are false and baseless. It is pleaded that the wife left the matrimonial home on 12.11.2007 without informing the husband or anybody else and carried all her belongings and ornaments along with her. It is pleaded that the wife is residing in her parental home since 12.11.2007. It is pleaded that in December-2008, the wife forcibly started residing in the flat purchased by the mother of the husband and then filed proceedings against his mother and his two aunts under the provisions of Section 498- A of the Penal Code. It is pleaded that though there was no problem with the eyes of the wife, since the husband had a problem to one of the eyes, the wife deliberately, with a view to insult and humiliate the husband, used to talk to him by showing that there was problem to one of her eyes also. The husband pleaded that the wife used to abuse him in filthy language and humiliate him for no reason. It is pleaded that when the husband used to return to his house from the office, in stead of permitting him to take any rest, the wife used to taunt him and ensure that he did not have any peace of mind. It is pleaded that the wife never prepared food for him after he returned from office and was in a habit of quarrelling with him during the night hours. It is pleaded that the wife used to sometimes catch the collar of the shirt of the husband and push him. It is pleaded that on a number of occasions, the shirt of the husband was torn because of this. The husband pleaded that the wife always pestered the husband that he should register the flat purchased by his mother in the name of the wife. It is pleaded that when the one of the legs of his mother was fractured at Tirupati and he brought his parents to Pune for rest, the wife did not permit them to reside in the matrimonial house and, therefore, they were required to stay in the house of their son- in-law Shri Rajesh Dehankar. The husband pleaded that the wife had cheated them by informing them that her date of birth is 23.12.1974 though she was born on 23.12.1973 and gave a false horoscope to the husband's parents. It is pleaded that the wife left the matrimonial home on her own accord and she was not entitled to a decree of restitution of conjugal rights, more so when she has treated the husband with cruelty.