SURESH GURJAR Vs. USHA GURJAR

JUDGEMENT

(1.) The appellant-husband seeks annulment of the judgment and order dated 10.4.2010 passed by the learned Family Court, Udaipur in cases no.68/06, 169/06 and 15/07 thereby in essence rejecting his application under section 13 of the Hindu Marriage Act, 1955 (for short, hereinafter referred to as "the Act") for dissolution of his marriage with the respondent-wife and instead directing restitution of conjugal rights of the parties as sought for by her under section 9 of the Act. The respondent-wife's application under section 27 of the Act for an order to return her ornaments and other valuable articles given at the time of marriage and allegedly retained by the appellant-husband was however dismissed. We have heard Mr.Shreyansh Mardia, learned counsel for the appellant-husband and Mr.Rajesh Choudhary for the respondentwife.

(2.) The pleaded versions of the parties in short would outline the backdrop of the discord. The appellant-husband averred that the parties were married according to the Hindu rites and rituals on 11.2.2005, whereafter the respondent was brought to the matrimonial home. In substance, the appellant-husband stated in his application for divorce that from the very first night, the respondent-wife obdurately and curtly refused to discharge her marital obligations and co-habitate with him. Instead, she threatened him and on the very first night also assaulted him with lathi. While maintaining this attitude, the respondent-wife also proclaimed to be the love of some one else. Though after 3 days she left for her parents' house, she returned, but maintained the same disposition. The appellant-husband alleged further that eventually on 4.4.2005, she deserted the nuptial home after taking her all belongings including ornaments. Contending that by her conduct he had been subjected to unbearable mental and physical agony and suffering amounting to cruelty, he sought dissolution of the marriage.

(3.) The respondent-wife in her written statement denied the allegations and imputed ill-treatment from the appellant-husband as well as the other members of the family based on dowry demands. She also alleged to be assaulted now and then for the same reason for which she admitted to have instituted a proceeding under section 498A IPC against the appellant for which he was arrested, but later on released on bail. Insisting that she had always been ready and willing to discharge her marital obligations and consolidate her marriage with the appellant, the respondent sought for dismissal of the application for divorce. She also filed an application for restitution of conjugal rights reiterating the above. An application under section 27 of the Act was also filed for a direction to the appellant-husband to return her ornaments and other dowry articles allegedly withheld by him. The appellant in his written statement to the application under section 9 of the Act reiterated his assertions as made in the application under section 13 and contended that the respondent was not entitled to any decree for restitution of conjugal rights. He also resisted the application under section 27 of the Act contending that the respondent while abandoning him had taken her ornaments and that further, the police in connection with the case under section 498A IPC had seized and taken way the remaining goods/articles given or received at the time of marriage. Following the framing of the issues, the parties adduced evidence. Whereas the appellant examined himself, Sita Devi, his Aunt and Lal Singh, neighbour, the respondent offered her oral evidence to be reinforced by that of her father Narayan Lal. The learned Family Court, Udaipur as adverted to hereinabove on an assessment of the rival pleadings and the evidence on record dismissed the prayer for divorce made by the appellant-husband and allowed the one for restitution of conjugal rights registered by the respondent-wife. Her application for direction to return her ornaments and other dowry articles was however rejected.