Case Note & Summary
The appellant-husband, Shri Mukund Shankar Shinde, filed two appeals against a common judgment and decree dated 31/12/2000 passed by the Family Court No. 2, Pune. The Family Court had allowed the petition filed by the respondent-wife, Sou. Shila Mukund Shinde, under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights, and dismissed the husband's petition for divorce under Section 13(1)(ia) of the same Act on the ground of cruelty. The Family Court also directed the husband to pay maintenance of Rs. 1000 per month to the wife and Rs. 750 per month to each of their two children, daughter Meenakshi and son Nikhil, from the date of the order until cohabitation is resumed. The husband appealed against this decision. The High Court, after hearing the appellant's counsel (the respondent was unrepresented), found no merit in the appeals. The court noted that the Family Court had correctly held that the wife proved that the husband had withdrawn from her society without reasonable excuse, and that the husband failed to prove cruelty. The High Court dismissed both appeals, confirming the Family Court's decree for restitution of conjugal rights and the maintenance order.
Headnote
A) Hindu Marriage Act - Restitution of Conjugal Rights - Section 9 - Burden of Proof - The wife sought restitution of conjugal rights alleging the husband withdrew from her society without reasonable excuse. The husband failed to prove any reasonable cause for separation. The Family Court allowed the wife's petition and directed the husband to resume cohabitation. Held that the wife proved her case under Section 9. (Paras 1-2) B) Hindu Marriage Act - Divorce on Ground of Cruelty - Section 13(1)(ia) - Burden of Proof - The husband filed for divorce alleging cruelty by the wife. The Family Court found that the husband failed to prove cruelty. The High Court upheld this finding, noting that the husband's allegations were not substantiated. Held that cruelty must be proved by the petitioner. (Paras 1-2) C) Hindu Marriage Act - Maintenance - Section 24 - Maintenance for Wife and Children - The Family Court directed the husband to pay maintenance of Rs. 1000 per month to the wife and Rs. 750 per month to each child until cohabitation is resumed. The High Court did not interfere with this order. Held that maintenance is necessary for the wife and children during separation. (Para 1)
Issue of Consideration
Whether the husband proved cruelty to obtain divorce under Section 13(1)(ia) of the Hindu Marriage Act, 1955, and whether the wife was entitled to restitution of conjugal rights under Section 9 of the Act.
Final Decision
Both appeals dismissed. The Family Court's decree for restitution of conjugal rights and maintenance order are confirmed.
Law Points
- Restitution of conjugal rights
- cruelty
- burden of proof
- maintenance pendente lite
- Hindu Marriage Act
- 1955
