NEHA THAKUR Vs. DURGESH THAKUR

JUDGEMENT

(1.) Heard.

(2.) The present appeal is against the judgment and decree dtd. 26/07/2021 passed by the Family Court, Durg (C.G.) in Civil Suit No. 39A/2017 whereby a decree for restitution of conjugal rights under Sec. 9 of the Hindu Marriage Act, 1955 (in short "the Act, 1955") was passed in favour of the husband. Therefore, the instant appeal by the wife.

(3.) The admitted facts are that marriage in between the parties took place on 24/12/2015. Thereafter, according to the husband, the wife stayed at her matrimonial home for some period of time but subsequently she went back to her parental home on the pretext that she had to prepare and appear in B.Ed. Examination. The husband also joined the wife at her parental home where they stayed for sometime and again came back to her matrimonial home. Meanwhile, the wife became pregnant and first abortion was carried out at the instance of the sister, parents, brother-in-law. While she was carrying the second pregnancy she was sent to her parental home and thereafter she has not returned. The husband alleged that without any lawful cause the wife has withdrawn the company of the husband and on that ground Sec. 9 application was filed.