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HARI CHARAN v SMT. RENU DEVI - CMA Case No. 527 of 2002  RD-RJ 907 (2 May 2006)
S.B. CIVIL MISC. APPEAL NO. 527/2002
Date : 02.05.2006
HON'BLE MR. BHAGWATI PRASAD, J.
Mr. V.K. Mathur for the appellant.
Mr. Manish Pitalia for the respondent. ====
Parties were given time to appear for reconciliation. They have failed to appear. No reasonable cause has been shown for their failure to appear. It is concluded that there is no chance of reconciliation. The matter is heard finally on merits.
This appeal arises out of the proceedings which were instituted by the husband under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. The trial court after considering the case of the parties, came to the conclusion that wife has lodged F.I.R against the husband for ill-treating, beating and causing physical harm to her. In that case, the husband has been charge-sheeted in the criminal case. In that background, the husband has taken law into his own hands and has belabored his wife making it difficult for the wife to live with the husband. Thus, the trial court came to the conclusion that it was a wrong committed by the husband and for his own wrong, he wants to take advantage. No one can be permitted to create a situation and then try to take advantage of that situation to his benefit. In that view of the matter, the application for restitution of conjugal rights was dismissed by the trial court.
Learned counsel for the appellant assailing the order submitted that he is now a man in his fourties of age and it would be very harsh against him if the wife does not join him at this point of time because this is a time when wife is most required. The cruelty alleged is only a mental creation of the wife, otherwise the appellant is always treating his wife softly and with tenderness.
Per contra, learned counsel for the respondent submitted that the circumstances speak for themselves. The husband has been very harsh and cruel. The wife pulled on for a long time but then it became very difficult for her to continue to live with her husband in matrimonial home.
I have considered the rival submissions and have given my thoughtful consideration to the arguments advanced and the material on record.
The husband has been ill-treating the wife. The criminal case is evident which shows that the husband had been rough and has been treating his wife in rash and negligent manner. In that view of the matter, if the wife has deserted him, it cannot be said that it is without any reason. That being the position, the appeal is not liable to be entertained. The appeal having no force is hereby dismissed.
(BHAGWATI PRASAD), J. bjsh
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