KUNTI CHAKRADHARI Vs. GAJENDRA

JUDGEMENT

(1.) This appeal has been preferred by the appellant/wife against judgment and decree dtd. 30/4/2019 passed by the Judge, Family Court, Dhamtari (CG) in Civil Suit No. 67A/2017 whereby civil suit filed by the appellant/husband under Sec. 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act, 1955'), for restitution of conjugal rights, was allowed in favour of the respondent/husband.

(2.) Facts of the case, in brief, are that appellant wife and respondent husband were married on 12/12/2015 . After 1 1/2 month of marriage, wife started quarreling on petty issues and humiliating parents of husband. She did not take any interest in domestic works. Parents of husband are old aged persons suffering from various ailments. Mother of appellant is also suffering from paralysis, hence, she could not do her own works. Wife used to ask that she is not servant who would look after his parents and prepare food for them. On being explained, she threatened to implicate them in false case. Financial status of husband is not good, despite that on being demand made by the wife when husband could not provide her valuable articles, then she abused and insulted him and some times, assaulted also. When his elder brother who lived separate, came to his house to meet parents, wife did not respect him. It is further alleged that appellant wife always indulged in talking over mobile phone with some other person, despite explaining her, she did not change her conduct. Therefore, once husband had broken her mobile phone smashing on the ground. Hence, she started preparing to leave the in-laws house and on being explained by parents of husband, she insulted them. Wife had pressurized husband to give Rs.5.00 lakhs for nursing training of her sister and due to quarrel made by her, husband somehow managed Rs.1.00 lakh, despite that, she made false allegation on character of her father-in-law. Husband called parents of wife and other member of their society to explain her and in the month of February, 2017, her parents took her to her parental place. Thereafter despite being asked, she did not return and she put condition for the same that if husband brakes all relations from his parents and lives separately from them, then only she will join him. Social meeting was also convened in this regard, there also, wife refused to join his company until fulfillment of aforesaid condition. Due to such arrogance of wife, husband has been deprived of marital enjoyment, therefore, he filed the application under Sec. 9 of the Act, 1955 before learned Family Court seeking relief of restitution of conjugal rights against wife.

(3.) The appellant/wife, in reply, denied all the allegations levelled against her and has pleaded that she was subjected to cruelty by husband on demand of dowry of motorcycle from her parents and her in-laws instigated the husband for the same. It is further stated that on 18/2/2017 her father-in-law had molested her, therefore on the same day, her father brought her to her parental place Pulgaon, Durg. On 24/8/2017, she had made a complaint in this regard to the Superintendent of Police, Durg. After few days, respondent was asked to bring her back, but he did not come. After 18/2/2017, respondent never came to bring her back, she has never refused to lead marital life with husband, however, she has stated him to improve his behaviour and she is scared due to obscene act of her father-in-law. Appellant / wife has further pleaded that if she goes to respondent's home, her in-laws may harm her by creating problems. Therefore, application is liable to be dismissed.