LAWS(BOM)-1998-3-26

JAWAHAR RAMANLAL SHAH Vs. LALITA JAWAHAR SHAH

Decided On March 06, 1998
JAWAHAR RAMANLAL SHAH Appellant
V/S
LALITA JAWAHAR SHAH Respondents

JUDGEMENT

(1.) THIS appeal is directed against the Judgment and Order dated 4th February, 1993, passed by the Family Court No. III at Pune in Petition No. A-503 of 1993. The petition was filed by Sou. Lalita Jawahar Shah against her husband Shri Jawahar Ramanlal Shah under section 9 of the Hindu Marriage Act, 1955, for restitution of conjugal rights. The husband Jawahar Ramanlal Shah prayed for divorce by filing a counter claim on the ground of cruelty and desertion. By the impugned judgment and order the Family Court allowed the wifes petition for restitution of conjugal rights and dismissed the counter claim of the husband for divorce. For the sake of convenience the wife and the husband are hereinafter referred to as the petitioner and respondent respectively according to their original status.

(2.) SHORTLY stated the facts on the basis of which the petition came to be filed are as under :

(3.) WITH the help of the learned Counsel appearing for both sides we have gone through the pleadings and the evidence.