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Whether seeking restitution of conjugal rights after 13 year

Whether Seeking restitution of Conjugal rights after 13 years of separation is bonafide?

 

 In the facts of instant appeals there is a role reversal to the extent that
accusations are made against the respondent/husband which had the
disastrous effect on him to the extent that he had to leave his village and
settled in Rajasthan. Perhaps he has taken this step to save the matrimonial
life of his own brother as he was accused of having living in adultery with
his wife. As per the settled legal position casting aspersion of such nature 
had the deleterious effect on the mind of her husband which can be termed
as one of the worst form of mental cruelty.
28. So far as dismissal of the petition and seeking restitution of conjugal
rights are concerned, it was the appellant who had left the matrimonial home
in the year 1998 for her delivery at her parent’s home and then in the year
1999 in the company of her family members. No complaint of any physical
violence, harassment of dowry demand or any other reason compelling her
to leave the matrimonial home was made by her soon after leaving the
matrimonial home. She was residing independently in Delhi leaving her
daughter at her parental home.
29. The prayer of the appellant/wife for restitution of conjugal rights has
rightly been declined by learned Judge Family Court in the given facts and
circumstances. In the decision reported as (1994) 1 SCC 337 V.Bhagat Vs.
D.Bhagat it was held as under:-
“A mental cruelty under Section 13(1)(ia) can be defined as
that conduct which inflicts upon the other party such mental
pain and suffering as would make it not possible for that party
to live with the other. It is held that mental cruelty must be of
such a nature that the parties cannot reasonably be expected to
live together. It is also held that the situation must be such that
the wronged party cannot reasonably be asked to put up with
such conduct and continue to live with the other party. In my
view the said judgment clearly applies to the facts of this case.”
30. Even otherwise filing of a petition seeking restitution of conjugal
rights in the year 2012 i.e. after 13 years of leaving the matrimonial home
does not seem to be a bonafide act on her part for the re-union. That too with
the background already litigating with the respondent by filing a petition
under Protection of Women from Domestic Violence, 2005 as well for
maintenance much prior to that. In the given facts, learned Judge, Family
Court has rightly dismissed her petition seeking restitution of conjugal 
IN THE HIGH COURT OF DELHI AT NEW DELHI
 Judgment Delivered on: August 31, 2016
MAT.APP.(F.C.) 137/2015
SUDESH ...
versus
SURESH SOLANKI ....
CORAM:
HON'BLE MR. JUSTICE PRADEEP NANDRAJOG
HON'BLE MS. JUSTICE PRATIBHA RANI
Dated:AUGUST 31, 2016

https://www.lawweb.in/2016/09/whether-seeking-restitution-of-conjugal.html



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 1 Replies

adv.bharat @ PUNE (Lawyer)     01 September 2016

Thanks for sharing the judgement.


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