Important Judgment Reported Today on Separating Husband from his Mother (24th May, 2019) Amaresh Patel LANDMARK JUDGMENT Fri, May 24, 2019, at ,04:30 PM Title of the Case – Separating Husband from his Mother Name of the case – Sheenu Mahendru v. Sangeeta @ Soniya, First Appeal No. 139 of 2017 UTK Date of Judgment – 23rd May, 2019 Judges: Justice Sudhanshu Dhulia and Justice R.C. Khulbe Subject and sections involved – Restitution of Conjugal Rights under Section 9 of the Hindu Marriage Act Issue: Whether the respondent has treated the petitioner with cruelty after the marriage? Whether the respondent has deserted the petitioner for more than two years without any reason? Whether the petitioner is entitled for any relief? Whether the petitioner has deserted his wife without any reason? Whether the respondent is entitled for the relief of restoration of conjugal rights? Fact of the Case: The marriage of the parties was solemnized on 10.12.2010 as per Hindu rites and rituals. After the marriage the respondent stayed with the appellant’s house in Khankhal at Haridwar. Out of the wedlock of the parties a son was born on 03.10.2011. The father of the appellant had died before the marriage of the appellant. The appellant has six sisters and all of them were married before the marriage of the appellant. The only old and infirm mother of the appellant was living with the appellant. After the marriage, the respondent started pressuring the appellant to reside separately at Delhi. Ratio of the case - Demand of Separating from Husband’s Mother The Uttarakhand High Court in response of the wife to live independently and forcing the husband from his mother, the court observed that the wife wanted the husband to leave his own mother and get separated from his mother so that the respondent can live independently, and in that event it would become more torturous for the appellant to stay only with the respondent-wife to tolerate such nature and behaviour of the respondent. On the basis of above discussion and considering the facts and circumstances of the case, it appears that the relationship between the parties has deteriorated to the extent that there is no possibility of any reconciliation. Their relationship has reached to the point from where there appears no possibility of harmonious conjugal relationships or their being living together as husband and wife and discharging the matrimonial duties. This itself amounts to a cruelty, if allowed to continue. In these circumstances, the appeal is liable to be allowed.