MUMBAI: A 12-year-old delay in filing a petition to restore marital relations with her husband whose home she left long ago proved dear for Mankhurd resident Seema Patil. The Bombay high court dismissed her petition -she sought restoration of conjugal rights with her spouse Damodar Patil-saying it was a bit too late as the couple had lived apart for around 20 years. Damodar had also remarried and had two children.
"In such a case, this petition for restitution of conjugal rights is infructuous," said a division bench of Justice Vijaya Kapse Tahilramani and Justice P N Deshmukh. "The parties have lived apart for 20 years. Seema and Damodar's marriage is like dead wood. Damodar has remarried. If the petition for restitution of conjugal rights is allowed, it would create complication beyond repairs in (his) family set-up."
The court noted that though she left her husband's home in 1994, she filed a petition for restoration of conjugal rights only in 2006.
"It has clearly come on record that (neither) Seema nor the elders of her family intervened and tried to bring about any reconciliation between (the couple) and... had allowed too much water to flow under the bridge and created too much distance between them," the HC said.
Seema married Damodar in 1990; within four years, their relationship soured and they started living separately in 1994. Damodar filed a divorce petition in 1995 but it was dismissed in 2000. He filed another divorce petition, which was allowed by the family court in 2007, but was set aside by the HC. In 2006, Seema filed a plea for restoration of conjugal rights, which was dismissed in 2013. Meanwhile, Damodar remarried in 2007, and had two kids from his second marriage.
Seema's allegation that Damodar had an extra-marital affair was not proved. and the court said she had given no reasonable excuse for withdrawing from the company of her husband.
"Seema has not proved Damodar withdrew from her society without any reasonable excuse or that she withdrew herself from his society with reasonable excuse except for seeing him with (another woman) in a compromising position, which was also not proved," said the court.
NEWS Link:- http://timesofindia.indiatimes.com/city/mumbai/Relations-gone-sour-20-years-ago-cant-be-restored-High-court/articleshow/29523604.cms
"In such a case, this petition for restitution of conjugal rights is infructuous," said a division bench of Justice Vijaya Kapse Tahilramani and Justice P N Deshmukh. "The parties have lived apart for 20 years. Seema and Damodar's marriage is like dead wood. Damodar has remarried. If the petition for restitution of conjugal rights is allowed, it would create complication beyond repairs in (his) family set-up."
The court noted that though she left her husband's home in 1994, she filed a petition for restoration of conjugal rights only in 2006.
"It has clearly come on record that (neither) Seema nor the elders of her family intervened and tried to bring about any reconciliation between (the couple) and... had allowed too much water to flow under the bridge and created too much distance between them," the HC said.
Seema married Damodar in 1990; within four years, their relationship soured and they started living separately in 1994. Damodar filed a divorce petition in 1995 but it was dismissed in 2000. He filed another divorce petition, which was allowed by the family court in 2007, but was set aside by the HC. In 2006, Seema filed a plea for restoration of conjugal rights, which was dismissed in 2013. Meanwhile, Damodar remarried in 2007, and had two kids from his second marriage.
Seema's allegation that Damodar had an extra-marital affair was not proved. and the court said she had given no reasonable excuse for withdrawing from the company of her husband.
"Seema has not proved Damodar withdrew from her society without any reasonable excuse or that she withdrew herself from his society with reasonable excuse except for seeing him with (another woman) in a compromising position, which was also not proved," said the court.
NEWS Link:- http://timesofindia.indiatimes.com/city/mumbai/Relations-gone-sour-20-years-ago-cant-be-restored-High-court/articleshow/29523604.cms
No comments:
Post a Comment