ALKA VILAS JOSHI Vs. VILAS DATTATRAYA JOSHI

JUDGEMENT

(1.) THE appellant -wife in this appeal is challenging the decree granted in favour of the respondent -husband for restitution of conjugal right.

(2.) THE marriage between the parties was solemnised on 16 -5 -1982. They were residing at Amravati. The appellant is working as a teacher; whereas the respondent original plaintiff is serving as a clerk in N.C.C. On 5 -5 -1983 the appellant Alka went to her parents perhaps for delivery of a child. On 23 -5 -1983 she delivered a child. Thereafter on 30 -8 -1983 she issued a notice to the respondent -husband claiming separate maintenance. She therein made allegations regarding assaults on her by the husband.

(3.) MR . De, the learned counsel appearing for the appellant -wife, at the outset, criticised the approach of the learned Courts below in not considering the documents viz. Exhs. 32 and 33. According to these documents, Mr. De submitted that the cruelty as experienced by the wife is a writ large. With the assistance of the learned Counsel, I have gone through Exh. 32 dated 22 -10 -1982. This is a letter written by the father of the respondent -husband to the applicant daughter -in -law. In this entire letter the father -in -law has expressed his concern over the deteriorating health of the appellant. This letter, according to me, has been written with a sense of responsibility as a elderly person of the family. My attention is invited to letter Exh. 33 dated 30 -11 -1982 This is a letter written by the father of the respondent to the father of the appellant. This letter, in general, refers to the affairs in the house and about the complaint of the Appellant regarding the treatment. It is true from this letter that the state of affairs between the parties are not satisfactory.