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1980 Supreme(AP) 278
Andhra Pradesh High Court
Judges : P.A.CHOUDHARY, P.KODANDA RAMAYYA
Pakala Radha Krishna Murthy - Appellant
Versus
Pakala Vijayalakshmi - Respondent
Decided On : 10-20-80
A wife is entitled to insist on being treated with dignity and respect by her husband, and her refusal to cohabit with him may be justified if his conduct makes it practically impossible for them to live together peacefully and happily.
Headnote:
HINDU MARRIAGE ACT, 1955 - SECTION 9 - RESTITUTION OF CONJUGAL RIGHTS - REASONABLE EXCUSE FOR WITHDRAWAL FROM SOCIETY - WIFE SUBJECTED TO CRUELTY AND INDIGNITY - HUSBAND'S CONDUCT JUSTIFIES WIFE'S SEPARATION.
Fact of the Case:
Husband filed a petition under Section 9 of the Hindu Marriage Act, 1955, seeking restitution of conjugal rights, alleging that his wife had withdrawn from his society without any reasonable excuse. The wife admitted living away from the husband but justified it on grounds of cruelty and ill-treatment by the husband, mother-in-law, and sister-in-law.
Finding of the Court:
The court found that the wife had been subjected to cruelty and ill-treatment by the husband and his family members, including physical assault, denial of proper food and medical aid, and lack of respect and affection. The court held that these acts constituted reasonable excuse for the wife to withdraw from the husband's society.
Issues: Whether the wife had a reasonable excuse to withdraw from the society of the husband.
Ratio Decidendi: The court interpreted the term "reasonable excuse" under Section 9 of the Hindu Marriage Act, 1955, as something less than justification but more than a mere whim or fad. The court held that the wife's evidence of cruelty and ill-treatment by the husband and his family members satisfied the requirement of reasonable excuse for withdrawal from the matrimonial home.
Final Decision: The court dismissed the husband's appeal and upheld the lower court's order dismissing the petition for restitution of conjugal rights. The court also directed the husband to pay litigation expenses to the wife.
( 1 ) THIS is an appeal in a matrimonial cause against an ordor of dimissal passed by the Additional Judge, city Civil Court, Hyderabad dismissing op. No. 140/76 filed by the husband. The husband sued his wife under Sec. 9 of the Hindu Marriage Act for restitution of conjugal rights. He alleged mat his wife had withdrawn from his society without any reasonable excuse.
( 2 ) THE husband hails from Hyderabad and the wife comes from Bombay they were married at Hyderabad on july 2, 1975. After the marriage they lived for a short while togather at Bombay in the house of the petitioner s father-in-law Thereafter they came back to Hyderabad on August 1 2, 1975 where they stayed together in the husband s house. In that house the aged mother and the unmarried sister also resided contributing not a little to this matrimonial dishormony. On September, 28, 1975 the wife went to bombay and returned back to Hyderabad on 23-2-1976 where she stayed till 27-5-1276. Once again the wife left the husband and went back to bombay this time never to return back. On 28-5-76 she issued from Bombay a lawyer s notice to the husband accusing him of cruelty. The wife charged the husband with physical acts and assault and mental torture. In the notice she alleged that the husband was treating her as worse than a domestic servant-maid and that the husband was acting without affection and even without human sympathy by denying her medical aid and even proper food. She further alleged in that letter that the husband s interest to get money from her father was greater than his love for her. She charged the husband with placing iceslabs on her back and shoulders for about one hour tightly holding her hands rendering her helpless. In that letter it was also said that her father when came from Bombay attempting to settle their quarrels was not even permitted to see his daughter. The letter ended with a demand for maintenance at the rate of Rs. 450/- per month. To this letter, the petitioner husband made a reply, the substance of which is to blame the wife as not willing to stay with him except on his separation from his aged mother and the unmarried sister. He denied that he ever demanded any money from the wife s father but admitted the receipt of Rs. 5,000/- by a demand draft which he admitted to have received towards monetary assistance to enabled the couple to purchase house hold article. He denied the wife s allegation that gold and other ornaments were retained with him. Strangely the charge of treating her cruelly and beating her physically was left undenied. Thereafter it appears that the wife filed a Criminal Miscellaneous Petition in Bombay and obtained an order for her maintenance under Sec. 125 Cr. P. C. The Bombay Criminal Court awarded a maintenance at the rate of Rs. 350/- per month which was reduced to rs-300/- by the Bombay High Court.
( 3 ) IT was in those circumstances the husband had filed the present application under Section 9 of Hindu marriage Act, 1955 alleging that his wife has withdrawn herself without any reasonable excuse from his society and that therefore the court may grant him a decree for restitution of conjugal rights. His case was mainly rested upon the fact that the wife has been living away from him and was living in bombay. The wife had filed a counter admitting that she had been living away from the husband but justifying it on the ground that the husband was treating her cruelly and beating her physically and was not treating her with any respect due to a wife In support of these rival contentions, the husband examined himself as P. W. 1 and the wife examined herself as R. W. 1 and her father as R. W.-2 and a local gentleman as R. W. 3. The registered notices and letters that has passed between the petitioner and the father of the wife had been exhibited. The additional Judge, City Civil Court. Hyderabad, on a consideration of these pieces of evidence held that the wife had a reasonable excuse to withdr
