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GOUTAM BHADURI, N. K. CHANDRAVANSHI
Kunti Chakradhari W/o Gajendra @ Gajanand – Appellant
Versus
Gajendra @ Gajanand Chakardhari S/o Chhote Lal Chakradhari – Respondent
JUDGMENT :
N.K. CHANDRAVANSHI, J.
1. This appeal has been preferred by the appellant/wife against judgment and decree dated 30-4-2019 passed by the Judge, Family Court, Dhamtari (CG) in Civil Suit No. 67A/2017 whereby civil suit filed by the appellant/husband under Section 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as ‘the Act 1955’) for restitution of conjugal rights, was allowed in favour of the respondent/husband.
2. Facts of the case, in brief, are that appellant wife and respondent husband were married on 12-12-2015. After 1½ month of marriage, wife started quarreling on petty issues and humiliating parents of husband. She did not take any interest in domestic works. Parents of husband are old aged persons suffering from various ailments. Mother of appellant is also suffering from paralysis, hence, she could not do her own works. Wife used to ask that she is not servant who would look after his parents and prepare food for them. On being explained, she threatened to implicate them in false case. Financial status of husband is not good, despite that on being demand made by the wife when husband could not provide her valuable articles, then she abused and insulted h
Trivial disputes between spouses do not constitute cruelty under the Hindu Marriage Act, and the burden of proof lies on the party alleging such cruelty.
In a suit for restitution of conjugal rights, the burden of proof is on the petitioner to establish that the other spouse has withdrawn from the conjugal society without any reasonable cause. The res....
The main legal point established in the judgment is the court's interpretation of 'cruelty' under Section 13 (1) (i-a) and 'desertion' under Section 13 (1) (i-b) of the Hindu Marriage Act, 1955, and ....
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