ASHOK v. (BY SHRI H.K. SHUKLA-ADVOCATE )
Case at a glance
Outcome
Disposed of
With the aforesaid, the present First Appeal stands disposed of
Provisions considered
Judgment
(BY SHRI R.S. YADAV-ADVOCATE) AND ASHOK RAWAT S/O SURESH RAWAT , AGED ABOUT 29 YEARS, OCCUPATION: KASTKARI, R/O GRAM BAAJNA THANA BELGARHA, DISTRICT GWALIOR (MADHYA PRADESH) (BY SHRI H.K. SHUKLA-ADVOCATE ) .....RESPONDENTS This appeal coming on for orders this day, JUSTICE ROHIT ARYA passed the following: ORDER Appellant/Wife is before this Court against the decree for restitution of conjugal rights awarded in favour of respondent/husband. Appellant-wife and respondent-husband are also present before this Court today. IA No.6401/2021, an application under Section 5 of Limitation Act for condonation of delay in filing present appeal is taken up for consideration. For the reasons mentioned therein, the same is allowed and the delay of 2 1057 days in filing present appeal stands condoned. IA No.6401/2021 is closed. Couple solemnized marriage on 30/04/2015 but unfortunately, both of them started living separately after few days of marriage since 2/5/2015. It appears that with the passage of time, some wisdom prevailed upon the respondent-husband as he approached the Court of First Additional District Judge, Dabra, District Gwalior for restitution of conjugal rights by filing a petition under Section 9 of Hindu Marriage Act, 1955 on 9/5/2018. Looking to his bona fides, a decree has been awarded. Though the appellant-wife is before this Court against a decree but now, she has changed her minds. In the open Court, she stated to live with her husband and does not intend to purse the instant appeal. Respondent/husband also assures this Court that if she lives with him, he shall maintain her with full dignity and grace ensuring a comfortable and respectful living within the means available with him. This Court appreciates the gesture of respondent-husband towards his wife-appellant. It needs no mention that institution of marriage is a pious institution with solemnity attached to it. Husband and wife both are expected to live together with sense of adjustment and co-existence. By virtue of marriage, two individuals after marriage acquire a recognized status. It is the duty of the couple to maintain that status with utmost sense of mutual trust and faith. In view of the aforesaid facts and circumstances, the impugned order and decree passed on 15/10/2018 (Annexure A/1) by First Additional District Judge, Dabra, District Gwalior in RCSHM No.59/2018 is upheld. Both respondent and appellant, henceforth, shall live together like 3 husband and wife and lead a happy married life. With the aforesaid, the present First Appeal stands disposed of. (ROHIT ARYA) JUDGE (Dubey) (MILIND RAMESH PHADKE) JUDGE SUNEEL DUBEY DN: c=IN, o=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, ou=HIGH COURT OF MADHYA PRADESH BENCH GWALIOR, postalCode=474001, st=Madhya Pradesh, 2.5.4.20=157244b0239a6fd662b29b00a11f c66a5e160f585aa7a92425f380d476b32818, pseudonym=046B231C591E29491F36ABD 156EBF3A713937186, serialNumber=4009CAE962958E019ADDF0 4E87EFD5C07FA5D0C38532D550F61B5540 1A275B8C, cn=SUNEEL DUBEY
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the aforesaid, the present First Appeal stands disposed of
Which statutory provisions did this judgment involve?
Limitation Act, 1963 — s. 5; Hindu Marriage Act, 1955 — s. 9.
Precedent status how later indexed judgments have treated this case
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