Hindu Marriage Act, 1955
Sections 9 & 13(1)(ia)—Order allowing divorce petition filed by wife and dismissing petition for restitution of conjugal rights filed by husband—Appeals—A false complaint, criminal proceedings, indecent defamatory statements made by the husband, which, in a cumulative effect amounts to 'mental cruelty' warranting divorce and he has also made unfounded indecent and defamatory allegations against the spouse and his relatives in the pleadings and also filed repeated false complaints before the Administrative Side of High Court, as if the wife is acting in a manner unbecoming of a judicial officer, which has an adverse impact upon the prospects of wife and hence, the wife has proved her pleadings, both by oral and documentary evidence and such cruelty are illustrative case of mental cruelty which could warrant grant of divorce—Family Court has rightly ordered dissolution of marriage—Husband is a wrong doer and committed cruelty to wife and is not in a position to give matrimonial bliss by means of co-habitation with wife—Husband wanted to harass the wife by filing restitution of conjugal rights petition after a period of six years, especially when the divorce petition filed by the wife is about to complete the trial—Husband has treated the wife with cruelty and the wife has committed no mistake, except for the fact that she is working as a Judicial Officer and the husband wanted to cover up all his misdeeds by alleging falsely that the wife as a Judicial Officer assumed upper hand and misused her power—No merits found in these appeals—Appeals dismissed.
[Paras 57 to 65]
Practice and Procedure
Matrimonial matters—When a proceeding has been initiated by either of the spouse before the Family Court, the other spouse will resort to the counter relief, namely when the case is filed for dissolution of marriage, the other spouse will file a petition for restitution of conjugal rights and vise versa—Direction issued to fix certain period of limitation to curb this evil designed practice before the Family Courts which is consuming large hours of the family court and also causing innumerable years of delay in disposal of the Original Petition.
[Para 67]