T. Srinivasan Vs. T. Varalakshmi( Mrs. )
EmailAppeal: Civil Appeals Nos. 4904-05 of 1990
Petitioner: T. Srinivasan
Respondent: T. Varalakshmi( Mrs. )
Apeal: Civil Appeals Nos. 4904-05 of 1990
Judges: M.M. PUNCHHI , C.J. & K.T. THOMAS & M. SRINIVASAN , JJ.
Date of Judgment: Jan 22, 1998
Head Note:
HINDU MARRIAGE
Hindu Marriage Act , 1955
Section 23 ( 1 )( a ) and 13( 1-A ) Misconduct – Husband having ob-tained a decree for restitution of conjugal rights , denied the wife entry to his house and deprived her of performing her conju-gal duties – Held that it amounted to “misconduct” for purposes of Section 23( 1 )( a ) and was rightly denied relief under section 13( 1-A ) ( Para 1 )
Hindu Marriage Act , 1955
Section 23 ( 1 )( a ) and 13( 1-A ) Misconduct – Husband having ob-tained a decree for restitution of conjugal rights , denied the wife entry to his house and deprived her of performing her conju-gal duties – Held that it amounted to “misconduct” for purposes of Section 23( 1 )( a ) and was rightly denied relief under section 13( 1-A ) ( Para 1 )
JUDGEMENT:
1 . The finding recorded by the courts below is that the husband obtained a decree for restitution of conjugal rights not to act in obedience thereof but , on the other hand , to keep the wife deprived of her right to perform her conjugal duties . The wife made a demand of the husband to let her join him but he refused to allow her enter the house , rather he drove her away as also her relatives , whoever attempted to rehabilitate the wife . These acts of the husband were positive wrongs amounting to ” miscon-duct ” , uncondonable for the purposes of Section 23( 1 )( a ) of the Hindu Marriage Act , 1955 . Hence , he was rightly denied relief under Section 13( 1-A ) of the said Act . The appeals , therefore , fail and are hereby dismissed .
2 . It is stated by learned counsel for the respondent that a sum of Rs. 3000 lies deposited with the Registry towards costs of these appeals . Learned counsel says that the same be remitted to the wife-respondent directly by the Registry . It is so ordered .
2 . It is stated by learned counsel for the respondent that a sum of Rs. 3000 lies deposited with the Registry towards costs of these appeals . Learned counsel says that the same be remitted to the wife-respondent directly by the Registry . It is so ordered .
