YUDHISHTER SINGH Vs. SARITA

JUDGEMENT

(1.) The appellant-husband has preferred both the appeals aggrieved of the orders of the Judge, Family Court rejecting his petition for divorce, but granted decree for restitution of conjugal rights in favour of the respondent-wife. It appears from the record that by order dated 5-6-1995 the statement recorded in a petition filed by the husband being No. 57/92 was permitted to be read in evidence in a petition filed by the wife for restitution of conjugal rights being Case No. 37/92. Thus, there being common evidence, both the appeals are decided by common order.

(2.) The undisputed facts are that the marriage between the appellant-Yudhishter Singh and Sarita was solemnised on 9-12-1990 at Jodhpur. After one year of the marriage, i.e. on 13-4-1992, Sarita had to file an application for restitution of conjugal rights in the Family Court at Jodhpur. She averred that her husband, who was posted as Junior Engineer at Village Gotan was depriving her the company. She was kept at the ancestral house at Mandore instead at Gotan. He used to visit on week end. Whenever she made a request to take her to Gotan, it was rejected on the ground that her father did not meet the demand of Scooter and Rs. 11,000.00 in cash. Family members used to taunt her for not bringing sufficient dowry causing great mental torture. Her father was also harassed and mentally tortured by the father-in-law and brother-in-law namely Pokar Singh and Naresh Chandra for not meeting the demand of Scooter and Rupees 11,000/- in cash. The efforts made by the relatives to drop the demand of Scooter and payment of cash did not succeed. She was asked to leave the house. The husband did not make any effort to bring her from her parents' house. On the contrary with a view to contract a second marriage strategies were evolved including securing a decree for divorce. It is also alleged that whenever she visited her matrimonial home, she was not being accepted and sent back. The husband in his written statement denied the allegations. The wife in addition to herself also examined A.W. 2 Sohan Lal Gahlot (father) and A.W. 3 Bhanwar Lal Parihar. The husband in addition to himself examined his brother N.A.W. 2 Naresh Chandra, N.A.W. 3 Arun Gahlot, N.A.W. 4 Ram Chandra Mali and N.A.W. 5 Jabar Singh.

(3.) The husband sought a decree for dissolution of marriage on the ground of cruelty. The instances of cruelty have been enumerated in the order of the learned Judge, Family Court, as follows :-