NITIN SHIVHARE Vs. ANJALI SHIVHARE

JUDGEMENT

(1.) The present appeals are against judgment and decree dtd. 24/6/2014 passed by Additional Principal Judge, Family Court, Gwalior in Case No.51-A of 2013 HMA. and Case No.50-A of 2013. First Appeal No.153 of 2014 filed by husband is against dismissal of his application u/S 13 of Hindu Marriage Act [in short ''HM Act ''] for grant of divorce on the ground of cruelty and desertion and First Appeal No.178 of 2014 filed by wife is against dismissal of her application under Sec. 9 of HM Act for restitution of conjugal rights. Since both applications stood dismissed by Family Court by common judgment and decree dtd. 24/6/2014 granting a decree of judicial separation under Sec. 10 of the HM Act, the instant two appeals are being heard analogously as the germane of issue is one and the same.

(2.) Necessary facts for disposal of both appeals, in short, are that marriage of both parties was solemnized on 11/2/2008. A female child, namely, Ku. Aishwarya was born on 20/3/2009 from their wedlock. As per averments of husband, after marriage only after staying for five days, they went to Shimla where they stayed for three months because of his posting at Shimla. Thereafter, on 16/6/2008 his wife came to her parental home with ''Streedhan'' and since then, in spite of efforts, his wife is not ready to stay with him. Therefore, on 14- 06-2010, he filed an application under Sec. 9 of HM Act for restitution of conjugal rights in which, she refused to stay with him. Later on, in compliance of Court's order dtd. 13/10/2010, he went to Silver Estate, City Centre, Gwalior on 15/10/2010 to bring her back, but she did not come. She abandoned him without any reason and is not ready to live with him despite Court's order. His wife did not respect his parents at her in-laws house after marriage. She insisted that she will not live with his parents. She taunted that her marriage was performed against her will, so that she did not perform household works. She used to get infuriated on trivial matters and used to taunt. Apart from this, her insistence of bringing costly clothes and jewellery for her caused dispute.

(3.) It is further submitted on behalf of husband that on 15/10/2010, when he went with Neeraj, son of his maternal uncle on a vehicle in compliance of Court's order to bring her back, she started fighting in public place i.e. the courtyard outside Silver Estate. After abusing, she gave a threat to implicate his entire family with false dowry death case by setting herself on fire with kerosene. In compliance of order passed by Judicial Magistrate First Class, Gwalior in connection with Case No.15692 of 2010, he arranged for his wife to live in a separate room attached with kitchen and bathroom on 12/8/2011, but she kept on fighting with him and his parents. On 28/8/2011, she left for her parental home. On 16/3/2012, although she had come to his house in compliance of compromise order passed by Family Court, but on 17/3/2012, she also started quarrel with him and his parents. Therefore, he has been abandoned by his wife since 16/6/2008 without any reasonable cause. He and his family members have been treated cruelly by his wife. On these grounds, he sought a decree of divorce.