B.P. PALLAVI Vs. D.M. UMESH

JUDGEMENT

(1.) THIS appeal arises out of the judgment and order dated 8th June 2012, passed in M.C. No. 6/2011, by the Senior Civil Judge & JMFC, K.R. Nagar, allowing the petition filed by the respondent under Section 9 of the Hindu Marriage Act, for restitution of conjugal rights and for cost.

(2.) BRIEF facts of the case as stated in the petition are that, the appellant is the legally wedded wife of respondent and their marriage took place on 26 -10 -2009, at Mahavidya Ganapathi Kalyana Mantapa in K.R. Nagara Town, as per Hindu customs. After marriage, the appellant did not stay with the respondent peacefully and happily even for a week. From the beginning, the appellant used to pick up quarrel with the respondent and his family members without any valid reason and threaten the respondent stating that she would commit suicide. Accordingly, on one occasion, she had even swallowed sleeping tablets to commit suicide. Immediately she was taken to Hospital and saved. Within a week after the said incident, she had consumed D.D.T. powder and she was again saved. After about 1 -1 1/2 months of incident, she had tried to commit suicide by pouring kerosene on her body. After the said incident, she was taken to her parents place. After staying for about three months in her parents house, when her relatives were bringing her to the respondent's house, on the way, she got down from the Bus and went away to her parents house again. The appellant without any reason deserted the respondent and all the efforts made by the respondent's side to bring her back did not yield any fruits. The appellant, forgetting her responsibilities and duties is residing with her parents. Therefore, there was no other option for the respondent but to get issued a legal notice on 18/11/2010, calling upon the appellant to come and join his company. She neither complied the notice nor replied to the same. Hence, the respondent filed a petition under Section 9 of the Hindu Marriage Act, 1956, for restitution of conjugal rights.

(3.) THE Court below, after hearing the counsel for the respondent, allowed the petition, holding that the appellant, without any reasonable cause or excuse has withdrawn from the company of the respondent and accordingly, directed the appellant to restitute conjugal rights with the respondent to lead marital life as a dutiful wife within two months from the date of the said order. Being aggrieved by the said judgment and order passed by the Court below, the appellant is before this Court seeking appropriate reliefs as stated supra.