LAKSHMIDEVI Vs. JYOTHI

JUDGEMENT

(1.) The petitioner is before this Court assailing the order dated 06.01.2014 passed in M.C. No.80/2013. The petitioner is the sister of respondent No.2. Respondent No.1 is the wife of respondent No.2. The relationship between the parties is not in dispute and the fact that there are certain matrimonial disputes between respondent Nos.1 and 2 inter se is also the accepted position.

(2.) Prior to the present petitions, which are pending against each other, respondent No.1 had instituted a petition under Section 9 of the Hindu Marriage Act, 1955 seeking restitution of conjugal rights in M.C. No.80/2013. Respondent No.1-wife, who had no objection to join respondent No.2-husband herein in the matrimonial home had acceded and a judgment was passed by the Court below ordering restitution of conjugal rights. It is at this point, the dispute as has presently arisen has taken place.

(3.) In view of the fact that by such stage, respondent No.1-wife was being prevented from occupying the premises, which according to her was the matrimonial home. Since the premises to which reference is made is the issue, the said premises, would be referred to as the house situated in IUDP Layout. In that view, respondent No.1-wife on finding that the judgment for restitution of conjugal rights though being sought by respondent No.2-husband was being frustrated in as much as the respondent No.1-wife was not being allowed to occupy the said house, she has filed the application under Section 151 of Code of Civil Procedure before the very Court.