Suman Singh vs Sanjay Singh

3) The marriage between the appellant and the respondent was solemnized on 26.02.1999 at Delhi as per the Hindu rites. The respondent-husband is working as "Caretaker" in the Government of NCT of Delhi whereas the appellant is a housewife. Out of this wedlock, one daughter was born on 15.06.2002 and the second daughter was born on 10.02.2006. Both daughters are living with the appellant.

7) The second ground of cruelty was again about the appellant's behavior with the respondent on the eve of New Year. However, the year was not mentioned. According to the respondent, he agreed to celebrate the new year with the appellant on her parental house as the parents of the appellant gave repeated calls. After reaching her parental house, most of the time the appellant was busy with her family members and left him alone in the drawing room. Even at the time of dinner, the family members of the appellant did not behave properly. (Para 10).

10) The fifth ground of cruelty was in relation to an incident which, according to the respondent, occurred in July 1999. It was alleged that the appellant, on that day, insisted that the couple should live separately from the respondent's parents (Para 13).

12) The seventh ground of cruelty was in relation to one incident which, according to the respondent, occurred on Diwali day in the year 2000. It was again about the behavior of the appellant with the family members of the respondent which, according to the respondent, was rude (Para 16).

15) The respondent also alleged some instances in the petition. They, however, again essentially relate to the appellant’s behaviour with the respondent and his family members.

16) The appellant filed her written statement and denied these allegations. The appellant also applied for restitution of conjugal rights against the respondent in the same proceedings by filing petition under Section 9 of the Act and inter alia alleged in her petition that it was the respondent who has withdrawn from her company without there being a reasonable cause. She also while denying the case set up by the respondent justified her case for restitution of conjugal rights.

37) Having perused her petition and evidence, we are of the view that the appellant is entitled for a decree for restitution of conjugal rights against the respondent.

38) In our considered view, as it appears to us from perusal of the evidence that it is the respondent who withdrew from the appellant's company without there being any reasonable cause to do so. Now that we have held on facts that the respondent failed to make out any case of cruelty against the appellant, it is clear to us that it was the respondent who withdrew from the company of the appellant without reasonable cause and not the vice versa.

39) In view of foregoing discussion, the appeals succeed and are allowed. The impugned judgment is set aside. As a result, the petition filed by the respondent (husband) under Section 13(1) of the Act seeking dissolution of marriage is dismissed. As a consequence thereof, the marriage between the parties is held to subsist whereas the petition filed by the appellant against the respondent under Section 9 of the Act seeking restitution of conjugal right is allowed. A decree for restitution of conjugal right is, accordingly, passed against the respondent.

40) We hope and trust that the parties would now realize their duties and obligations against each other as also would realize their joint obligations as mother and father towards their grown up daughters. Both should, therefore, give quite burial to their past deeds/acts and bitter experiences and start living together and see that their daughters are well settled in their respective lives. Such reunion, we feel, would be in the interest of all family members in the long run and will bring peace, harmony and happiness. We find that the respondent is working as a "Caretaker" in the Government Department (see Para 4 of his petition). He must, therefore, be the "Caretaker" of his own family that being his first obligation and at the same time attend to his Government duties to maintain his family.

March 08, 2017