SMT. RAMYA @ RAGINI Vs. SRI VENKATESH

JUDGEMENT

(1.) THE appellant is questioning the legality and correctness of the judgment and decree passed by the Principal Senior Civil Judge & CJM, Ramanagara in MC No. 63/2011 dated 29.9.2012 wherein the petition filed under Section 9 of the Hindu Marriage Act has been allowed by directing the appellant herein to join the respondent and resume the conjugal life. The admitted facts are as hereunder:

(2.) IT is the case of the respondent herein that on 14.9.2010, the parents of the appellant visited the respondent's village and took away all the belongings of their daughter. In the month of December 2010, a Panchayat was convened in the house of parents of the appellant. In the panchayat, a demand was made by the appellant to set up a separate house in Harohalli, for which, the respondent refused as he had to look after his aged mother. Thereafter, the respondent filed a petition for restitution of conjugal rights. The appellant filed the written statement. She has denied that she has deserted her husband and contended that she is willing to join him and lead a happy marital life and hence, she -requested for dismissal of the petition.

(3.) IN the circumstances, the Trial Court appreciating the evidence let in by the parties allowed the petition by directing the appellant to join the respondent and to resume conjugal life. This order is called in question by the respondent in this appeal.