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2002 Supreme(Raj) 571

N.N.MATHUR, D.N.JOSHI
Yudhishter Singh – Appellant
Versus
Sarita – Respondent


Advocates Appeared:
Dinesh Maheshwari, for Appellant Jagdish Vyas, for Respondent

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The marriage between Yudhishter Singh and Sarita was solemnized on December 9, 1990. Sarita filed for restitution of conjugal rights after about one year of marriage, alleging that her husband was depriving her of her company and keeping her at her parental house instead of the matrimonial home (!) .

  2. The allegations made by Sarita included demands for dowry (Scooter and cash), mental torture, harassment, and rejection of her requests to stay at her husband's place of posting. The husband denied these allegations, and evidence was examined by the court (!) (!) .

  3. The court found that the husband failed to establish the charge of cruelty against Sarita with reliable and cogent evidence. The evidence did not support the allegations of cruelty, false accusations, or misconduct by Sarita (!) .

  4. The court observed that the instances of alleged cruelty, when examined collectively, did not amount to cruelty as per legal standards. Many allegations lacked independent corroboration or were based on vague or evasive testimony (!) (!) .

  5. The court emphasized that trivial disputes and disagreements, such as quarrels or differences in preferences, do not constitute cruelty or grounds for divorce. The marriage was recognized as a sacred and resilient relationship that should not be dissolved over minor issues (!) (!) .

  6. The court held that the husband failed to prove his allegations of cruelty and that his conduct, including not keeping his wife at the matrimonial home, was wrongful. As a result, the decree for divorce was rejected, but a decree for restitution of conjugal rights was granted in favor of Sarita (!) (!) .

  7. The court also noted that the husband's conduct, which included not making efforts to keep his wife at the matrimonial home and allegedly attempting to disrepute her, fell into misconduct. This misconduct invoked Section 23 of the Hindu Marriage Act, which considers the conduct of the parties in divorce proceedings (!) .

  8. The appeals filed by the husband challenging the orders of the family court were dismissed, affirming the decision that the husband had not established grounds for divorce, and that the decree for restitution of conjugal rights was appropriate (!) (!) .

In summary, the court upheld the decision that there was no sufficient evidence of cruelty by the wife, recognized her right to restitution of conjugal rights, and dismissed the husband's appeals.


Honble MATHUR, J.–The appellant husband has preferred both the appeals aggrieved of the orders of the Judge, Family Court rejecting his petition for divorce, but granted decree for restitution of conjugal rights in favour of the respondent wife. It appears from the record that by order dated 5.6.95 the statement recorded in a petition filed by the husband being No.57/92 was permitted to be read in evidence in a petition filed by the wife for restitution of conjugal rights being Case No.37/92. Thus, there being common evidence, both the appeals are decided by common order.

(2). The undisputed facts are that the marriage between the appellant Yudhishter Singh and Sarita was solemnised on 9.12.90 at Jodhpur. After one year of the marriage, i.e. on 13.4.92, Sarita had to file an application for restitution of conjugal rights in the Family Court at Jodhpur. She averred that her husband, who was posted as Junior Engineer at Village Gotan was depriving her the company. She was kept at the ancestral house at Mandore instead at Gotan. He used to visit on week end. Whenever she made a request to take her to Gotan, it was rejected on the ground that her father did not meet the demand of Scoote




























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