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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BIREN VAISHNAV, DEVAN M.DESAI
Rashmi W/o Ketankumar Engineer @ Rashmi Dhirubhai Vaghela – Appellant
Versus
Ketankumar Karsanbhai Engineer – Respondent
JUDGMENT :
BIREN VAISHNAV, J.
1. This Appeal has been filed by the wife-appellant challenging the judgment and decree dated 29.06.2011 passed by the learned Family Court No.4, Ahmedabad. By the aforesaid judgment and Order, the Family Court allowed the Family Suit No.604 of 2004 filed by the respondent-husband preferred under Section 13(1-A)(ii) of the HINDU MARRIAGE ACT , 1955 (hereinafter referred to as ‘the Act’).
2. Heard Ms.Falguni Trivedi, learned counsel for the wife-appellant and Dr.Tapan Trivedi, learned counsel for the respondent-husband.
3. Brief facts narrated in the appeal are as under:-
3.1 The parties to this appeal got married on 11.10.1990. It appears that both parties filed applications for restitution of conjugal rights under Section 9 of the HINDU MARRIAGE ACT , 1955. The application filed by husband was numbered as Hindu Marriage Petition No.1433 of 2000 and the application filed by the wife is numbered as Hindu Marriage Petition No.1491 of 2000. Upon consolidation, both applications were decided by an order dated 30.09.2002, wherein the Trial Court allowed both the applications and directed the parties to reunite.
3.2 Thereafter, the respondent-husband filed Famil
The statutory provision allows for divorce if no restitution of conjugal rights occurs for over a year post-decree, validating the grounds for divorce.
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 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....
Court ruled that repeated cruelty constitutes valid grounds against restitution of conjugal rights.
In Muslim law restitution suits, courts refuse decree if husband's proven cruelty or conduct creates life apprehension, making cohabitation inequitable; family court reversal warranted for perverse e....
Restitution of conjugal rights can be granted if one spouse withdraws from the other's society without reasonable excuse; allegations of desertion must be substantiated with evidence.
Withdrawal from matrimonial cohabitation may be justified based on perceived health risks, irrespective of the validity of a divorce claim.
The court established that a marriage can be dissolved on the grounds of cruelty when continued cohabitation perpetuates mutual suffering, emphasizing the wife's sacrifices and husband's unjust actio....
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