THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA F.C.A.No.73 of 2007 Date: 11-8-2010 Between E.Srinivas @ E.Srinivasulu … Appellant and Smt. Jayashree. E … Respondent THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA F.C.A.No.73 of 2007 Oral Judgment: (per D.S.R.Varma, J.) Heard both sides. 2. Both the parties are present before this Court in person. The mother of the appellant-husband also is present. 3. Appeal is against the order and decree dated 31-8-2005 passed by the Judge, Family Court, Hyderabad dismissing O.P.No.732 of 2004 filed by the husband under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights. 4. The trial Court after going into the merits of the case and considering the evidence on record, both oral and documentary, had passed an order directing the husband to live along with the wife separately by taking a separate dwelling unit to live in, for the reason that the wife had objected the association of the mother of the husband on account of some family futes and differences. 5. Now, in the open Court, of course, there was some demand by the husband and the mother of the husband for return of certain amount of gold and other material as a condition precedent and of course, that was indicated indirectly. 6. Obviously, on the earlier occasion, when the same proposal was made by this Court, the husband agreed to take the wife and live separately after the 11th of this month on account of this day being an auspicious one. 7. But, even today, the husband expressed his unwillingness to take the wife along with him admittedly on the ground that the gold that was given to the wife was not returned. 8. This ground cannot be accepted by any stretch of imagination by this Court as a condition precedent for the husband to lead married life with the wife and it is equally uncharitable for the mother of the husband to play the same tune as the son. 9. Upon both the husband and his mother were cautioned and reprimanded, both of them agreed to take the wife along with them and live happily with her unconditionally. In that regard, an Affidavit has been filed, which was signed by the mother of the husband and also the parents of the wife along with the parties to this appeal. 10. For the reasons stated in the Affidavit and also in view of the explicit undertaking in unequivocal terms offered by the husband to lead happy married life with the wife without any hindrance being caused by any family members, we deem it appropriate to close the appeal. 11. Of course, it is needless to mention that the wife also shall not resort to any act of intimidation by resorting to any coercive litigation disturbing the family edifice. 12. We may also put on record the statement made by the wife to the effect that she would lead the married life with the husband along with her mother-in-law. 13. Recording the said undertaking, no further orders need be passed in this appeal. Accordingly, the appeal is disposed of. ________________________ JUSTICE D.S.R.VARMA _________________________ JUSTICE B.N.RAO NALLA 11th August, 2010. Ak THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE B.N.RAO NALLA F.C.A.No.73 of 2007 (Judgment of the Division Bench delivered by DSRV, J.) 11th August, 2010. (Ak)