Court asks woman to rejoin husband at matrimonial home

The woman,who had earlier filed her reply in the court,stopped contesting the case and was proceeded ex-parte. “There is no reason to disbelieve the uncontroverted,unrebutted and unchallenged testimony of the plaintiff (husband).

He has been deserted by the defendant (wife) on her own without any lawful reason and she has failed to perform her marital obligations.

“Accordingly,the husband is entitled to a decree of restitution of conjugal rights in his favour and the wife Is directed to re-join the company of the plaintiff at her matrimonial home,” Administrative Civil Judge (ACJ) Shuchi Laler said.

The husband,a Delhi resident,had approached the court seeking restitution of conjugal rights,saying he had married the woman in March 2008 as per the Muslim Rites and Customs and a child was born to them.

He claimed that he had showered love and affection upon his wife but she used to quarrel with him and his family on petty issues. He also alleged that his wife’s mother used to interfere in their married life and in April 2010,she along with their child left his house and went to her parental home.

He also alleged that his wife had threatened him not to visit her parental home and deserted him without any reason. The wife,a UP resident,in her earlier reply had alleged that her husband used to regularly beat her mercilessly under the influence of alcohol and he was also having an illicit relationship with another woman.

The court said that from the husband’s evidence,it was apparent that his wife has left him and her matrimonial home”without any lawful cause and further refrained herself from joining him in the matrimonial relationship”.

“The husband has expressed his willingness to reside with the wife and has also made efforts in this direction.”It could be clearly evinced and gauged from the ex-parte evidence of the husband that it is the wife who has drifted away from him without reasonable cause and excuse and has failed to perform her marital obligations which she is legally bound to perform,” the judge said.

The court,however,said the onus to prove that the wife is entitled to remain separate or not compelled to rejoin her husband’s company is upon her and as she has not appeared

before it,there is no evidence which would dis-entitle the

husband from the relief sought by him.

It also said that the relief of restitution of conjugal right,in a sense,is an “intermediary relief whereby the temporary suspension of the matrimonial bond/ties is attempted

to be restored”.