DEVENDRA KUMAR Vs. ARTI BAI

JUDGEMENT

(1.) The present appeal is against the judgment dtd. 27/01/2016 passed by Judge, Family Court, Kawardha, in Civil Suit No.14A/2014, wherein an application preferred by the wife/respondent under Sec. 9 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act, 1955) for restitution of conjugal rights was allowed and simultaneously a prayer made by the husband/appellant in a counter claim under Sec. 23A of the Act, 1955 seeking divorce on the ground of desertion was dismissed. The appellant/husband is before this Court in appeal.

(2.) The facts of this care are that the appellant and the respondent were married on 20/06/1994 at village Jhirounidih, Tehsil Kawardha, District Kabirdham, C.G. according to the hindu rituals. During the course of time they were blessed with one daughter and one son on 20/08/1997 and 03/02/2007, respectively. The case of the wife was that she resided in the matrimonial house for some time, however, she was subjected to torture for demand of dowry and she was forced to leave the matrimonial house and was left at her parental home by the husband. It was pleaded that she was subjected to physical assault and whenever she wanted to enter in the matrimonial house, she was not allowed to enter, therefore, lastly after 11/06/2010, she was forced to live alone. Therefore, an application was filed under Sec. 9 of the Act, 1955 for restitution of conjugal rights. The husband filed his reply and denied all the averments and filed a counter claim under Sec. 23A of the Act, 1955, whereby divorce was sought for on the ground that the wife without any lawful cause has deserted the husband. It was further alleged that the wife treated the husband with cruelty and various acts were pleaded to show that she frequently used to leave the matrimonial home and also refused to discharge the obligations and herself has left the matrimonial home. Therefore, on this ground the divorce was sought for.

(3.) Learned Family Court framed the issues with respect to Sec. 9 of the Act, 1955 that as to whether the wife is entitled for the decree and simultaneously, if not, whether the husband is entitled for decree of divorce. The husband examined himself in this case and wife examined herself and other witnesses. Learned Court below dismissed the claim of the husband, whereby the divorce was claimed and allowed the application filed by the wife for restitution of conjugal rights. Being aggrieved by such order, the present appeal is by the husband.