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ALOK ARADHE, VIJAYKUMAR A. PATIL
Shubha – Appellant
Versus
H. Satish – Respondent
JUDGMENT :
(Alok Aradhe, J.)
This appeal and revision petition have been filed by the wife which arise out of common judgment dated 19.06.2015 passed in M.C.No.80/2014 and Crl.Misc.No.326/2013. By the aforesaid common judgment, the Family Court has allowed the petition filed by the husband under Section 9 of the HINDU MARRIAGE ACT , 1955 (hereinafter referred to as 'the Act') and has dismissed the petition filed by the wife under Section 125 of the Cr.P.C. The appeal and revision petition were therefore heard together and are being decided by this common judgment.
2. Facts giving rise to filing of this appeal and revision petition, briefly stated are that the marriage between the parties was performed on 21.05.1987 in Basaveshwara Kalyana Mantapa, Hassan. Out of the wedlock, a son and a daughter namely Sharath and Niharika were born to them. It is not in dispute that the son namely Sharath has completed his graduation in Engineering and is assisting the husband in her business. Similarly, daughter namely Niharika has also completed her graduation in Engineering and is under the care and custody of the husband. The husband filed a petition under Section 9 of the Act on 02.04.2014
The statutory provision allows for divorce if no restitution of conjugal rights occurs for over a year post-decree, validating the grounds for divorce.
The appeal for Restitution of Conjugal Rights was dismissed due to the husband's failure to demonstrate genuine efforts to maintain marital relationships and care for his wife and child.
Normal marital disagreements and the presence of in-laws do not constitute mental cruelty sufficient for divorce. The petitioner did not provide adequate evidence to support claims.
The main legal point established in the judgment is that in a matrimonial dispute, the party claiming restitution of conjugal rights must prove that the other party left without reasonable cause, and....
The burden of proof in restitution of conjugal rights lies with the withdrawing spouse to show reasonable cause for separation; the court affirms joint responsibility in marriage.
The court affirmed that substantiated evidence is crucial for claims of cruelty or adultery in marital disputes, ruling that unjustified abandonment entitled the wife to restitution of conjugal right....
An ex-parte decree of restitution does not bar a wife's right to maintenance if she demonstrates justified reasons for separation; maintenance should reflect reasonable comfort aligned with the husba....
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