SANTOSH GUPTA Vs. GOVIND GUPTA

JUDGEMENT

(1.) THESE two appeals are from the judgment and order dated 2. 6. 2006 passed by the Family Court No. 2, Jaipur and, therefore, these appeals were heard together and are being disposed of by this common judgment.

(2.) GOVIND Gupta and Santosh Gupta (here-in-after to be referred as `husband' and `wife' respectively or by their first name) married on 4. 12. 1985 at Gangapur city in accord with Hindu customs and rites. Out of the wedlock, the daughter (Pragati) was born in the year 1986 and the son (Prateek) was born in the year 1994. The marriage between the parties did not get along well despite the birth of two children and that both of them have been living separately for many years is an admitted position.

(3.) THE husband contested the petition filed by the wife for restitution of conjugal rights and broadly on the same facts on which he filed the petition for divorce and dissolution of marriage, set up the defence that because of the conduct of the wife, his life has become in-secure and unsafe and it would not be possible for them to live together. He, thus, denied that the wife was entitled to restitution of conjugal rights. THE husband stated that the application for restitution of conjugal rights has been made by the wife only to counter petition for divorce and dissolution of marriage filed by him.