2012 Supreme(Raj) 1573
RAJASTHAN HIGH COURT
Vineet Kothari, J.
Vishnu Prasad Sharma - Appellant
Versus
Durga Bai - Respondent
S.B. Civil Misc. Appeal No. 242 of 2006.
Decided On : 16-04-2012
For the Appellant-Husband:Ramesh Purohit, Advocate.
For the Respondent Wife:Vipul Singhvi along with V.N. Kalla, Advocate.
Headnote:Hindu Marriage Act, 1955 – S. 13(l)(a) and (b) Matrimonial dispute – Appeal filed by against the order whereby divorce sought by husband on the ground of cruelty and desertion was dismissed with a view that long separation of parties does not mean irretrievable break down of marriage and is not a statutory ground for divorce – Husband had entered into `nata` marriage which is not recognised by the Hindu Law or the Hindu Marriage Act and status of such a woman is not better than mistress – Held, divorce petition rightly refused – Appellant would pay maintenance of Rs. 5,000/ – p.m. directed to be paid to wife and daughter from April 2012 – Appeal dismissed.
"S.B. Civil Misc. Appeal No. 242/2006 (Vishnu Prasad v. Smt. Durga Bai)
Date of Order : 13/1/2012
Hon'ble Dr. Justice Vineet Kothari
Mr. Ramesh Purohit, for the appellant.
Mr. Vipul Singhvi for
Mr. V.N. Kalla, for the respondent.
Mr. Vishnu Prasad - appellant - husband present in person
Smt. Durga Bai - respondent -wife present in person.
Miss Poornima Sharma - daughter present in person.
With some counselling, it appears that the daughter - Miss Poornima Sharma aged 19 years by now can resolve the acrimony between the parties in the present matrimonial dispute and since appellant father has expressed that he is ready to keep his daughter with him for the time being, it is directed that daughter Miss Poornima Sharma will be free to stay with her father - appellant Vishnu Prasad, who is working as Teacher in Government School at Karunda Tehsil Chhoti Sadri Distt. Chittorgarh. The daughter Miss Poornima has also assured the Court that she would live in the parental home with her father with the family of other brothers of appellant and would try to bring together her mother and father.
Respondent-mother, Smt. Durga Bai has also expressed her desire to join back the matrimonial home, however, for which the appellant husband is having some reservations for the present.
To give some healing time to the parties, it is considered expedient that final hearing of the present appeal is postponed for a period of three months.
In the meanwhile, daughter - Miss Poornima Sharma will be free to reside with her father Vishnu Sharma, who has assured this court that he would extend full support to his daughter for residing with him peacefully. The respondent wife - Smt. Durga Bai would be free to go to the matrimonial home at least twice in a month with a stretch of one day at a time and to meet her daughter, as she suggested that she was doing so for the past period also, ever since the couple has started living separately.
The respondent wife has also apologized for the past criminal complaints filed against the appellant husband under Sections 498-A & 406 IPC and she has further given solemn undertaking before this Court that she would not file any other complaint against her husband at any forum.
With