LOKESH CHANDRA KATAKWAR Vs. SARITA KATAKWAR

JUDGEMENT

(1.) The appellant herein/defendant has preferred this appeal under Sec. 19(1) of the Family Courts Act, 1984 calling in question legality, validity and correctness of the judgment & decree dtd. 2/3/2024 passed by the Additional Principal Judge, Family Court, Janjgir, District Janjgir-Champa in Civil Suit No.192A/2023, by which the application filed by the plaintiff/respondent herein under Sec. 9 of the Hindu Marriage Act, 1955 for restoration of conjugal rights has been granted.

(2.) The aforesaid challenge has been made on the following factual backdrop: -

(3.) The plaintiff/respondent herein filed an application under Sec. 9 of the HM Act alleging that her marriage with the defendant/ appellant herein was solemnized on 11/12/2020 as per Hindu rites and she is the legally wedded wife of the defendant and immediately after one week from the date of marriage, in order to desert her and alleging that she used to use three SIM numbers and on those SIM numbers, he is being threatened by some unknown person, the defendant started behaving with her with cruelty and withdrawn her from the society with effect from January, 2023, however, the plaintiff is ready and willing to live with the defendant and in order to give an understanding to the defendant, social meeting was called, but it is of no use and the defendant has not taken her with him and on the contrary, filed an application for divorce on the ground of desertion and cruelty and thus, the defendant has withdrawn her from the society without reasonable cause and as such, she is entitled for restitution of conjugal rights.