KISHOR KUMAR Vs. MAYA DEVI

JUDGEMENT

(1.) This Appeal has been preferred under Sec. 19(1) of the Family Courts Act, 1984 read with Sec. 28 of the Hindu Marriage Act, 1955 against the judgment dtd. 12/2/2016 passed by the 3rd Additional Principal Judge, Family Court, Durg District Durg in Civil Suit No.226-A/2014, whereby the suit of the respondent filed under Sec. 9 of the Hindu Marriage Act, 1955 for Restitution of Conjugal Rights has been decreed.

(2.) Indisputably, the marriage between the appellant and the respondent was solemnized on 5/5/2001 at Village Junwani, Tehsil Gunderdehi, District Durg and both the parties are living separately. The respondent herein had filed a civil suit for Restitution of Conjugal Rights under Sec. 9 of the Hindu Marriage Act, 1955, on 19/6/2003 stating that marriage between the appellant and the respondent was solemnized according to Hindu custom, and at the time of marriage, the appellant and the respondents were Hindu. The respondent has already passed B.Sc. 2nd Year Exam and on the insistence of the appellant, the respondent agreed to complete her graduation as a regular student, and for the said purpose, the appellant left the respondent to her parental house after one month of the marriage. The respondent appeared in the B.Sc. Final Year Exam on 27/4/2002. Thereafter on 6/5/2002, Vidaai ceremony (Bride's Farewell) was organized and the respondent was sent with the appellant. A letter was sent by the unknown person by post to her in-laws' house raising false allegations on her character, so that a doubt could be created in the mind of the appellant. Likewise, similar letter was sent to the respondent's parents. As a result, the appellant refused to stay with the respondent and left the respondent to her parents' house. Earlier also, the appellant had received an anonymous letter doubting his wife's (respondent) character and thereafter the appellant and the respondent did not believe the contents of the said anonymous letter and the appellant assured the respondent about the said letter that there was no doubt in his mind. On 6/5/2002, the appellant brought the respondent to his village. However, again on 8/5/2002 and 10/5/2002, the appellant received anonymous letters and refused to live with the respondent. In this way, the respondent, without any reason, is being ignored by the appellant and he refused to live with the respondent.

(3.) The appellant had filed a written statement admitting the marriage with the respondent on 5/5/2001. The appellant denied the rest of the plaint averments. It was also pleaded that the respondent has converted into Islam religion and had become Shabnam Nisha. She had married with one Saiyyad Zuber, therefore, she is no longer a wife of the appellant. When the appellant came to know that the respondent has converted into Muslim religion and married with the said Saiyyad Zuber, the appellant started living separate. On 6/5/2002, the appellant was not knowing this fact and, therefore, he brought her to his home. The respondent and her father deliberately and fraudulently suppressed the above facts. So the respondent is not entitled for Restitution of Conjugal Rights.