Case Note & Summary
The appellant-husband and respondent-wife married on 16 May 2008 and resided together at the husband's home. A daughter was born on 25 September 2009. The wife went to her maiden home for delivery and did not return. The husband and his mother brought the child back after five months. The husband filed a petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, alleging that the wife refused to return without reasonable excuse, citing her demand for a separate residence and reluctance to live with his parents. The wife denied the allegations, claiming harassment and abuse by the husband and his mother, and stated she was willing to live with the husband in a separate house. The trial court dismissed the petition, finding that the wife had just cause to stay away. On appeal, the High Court examined the evidence, noting that the wife did not lodge any police complaint regarding the alleged snatching of the child, and her own testimony indicated she was willing to live with the husband only if he set up a separate residence. The court held that the wife's insistence on separate residence, without proof of cruelty or harassment, did not constitute reasonable excuse. The court observed that the husband's financial condition did not permit a separate house and that the wife's refusal to live with the husband's parents was not justified. The High Court allowed the appeal, set aside the trial court's order, and granted a decree for restitution of conjugal rights, directing the wife to resume cohabitation with the husband within two months.
Headnote
A) Family Law - Restitution of Conjugal Rights - Section 9, Hindu Marriage Act, 1955 - Desertion - The husband filed a petition for restitution of conjugal rights alleging that the wife left the matrimonial home after delivery and refused to return without just cause. The wife claimed harassment and demand for separate residence. The trial court dismissed the petition. On appeal, the High Court held that the wife's refusal to live with the husband unless he set up a separate residence, without any evidence of cruelty or harassment, constituted withdrawal without reasonable excuse. The court found that the wife's condition of separate residence was not a just cause, and the husband was entitled to restitution. (Paras 2-6)
Issue of Consideration
Whether the wife had withdrawn from the society of the husband without reasonable excuse, entitling the husband to a decree for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955.
Final Decision
The High Court allowed the appeal, set aside the judgment and order dated 27 April 2012 of the Civil Judge, Senior Division, Thane, and granted a decree for restitution of conjugal rights. The respondent-wife was directed to resume cohabitation with the appellant-husband within two months from the date of the judgment.
Law Points
- Restitution of conjugal rights
- desertion
- just cause
- burden of proof
- Hindu Marriage Act Section 9
