KANCHAN GUPTA @ ALKA GUPTA Vs. NIRAJ KUMAR GUPTA

JUDGEMENT

(1.) This appeal is directed against impugned judgment dated 26.4.2017 passed by Family Court Baikunthpur, District Koriya in Civil Suit No.10- A/2014, by which, the appellant's/plaintiff suit has been dismissed.

(2.) Appellant/Plaintiff filed a suit seeking a decree of restitution of conjugal rights on the pleadings inter alia that marriage between the parties was performed on 24.03.2012 in Aarya Samaj Mandir, Harit Vihar Delhi according to vaidik rituals and after marriage the plaintiff and defendant both were residing at Junapara, Baikunthpur in a rented accommodation discharging their marital obligations. The Plaintiff's case was that the marriage of the plaintiff with defendant was not acceptable to the defendant's parents and they provoked the defendant to desert the appellant. It was further pleaded that the plaintiff conceived twice but defendant got the pregnancy aborted. After defendant got employment in C.G. Vidyut Mandal, Korba in 2013, his father pressurised and provoked him to disown marriage. Plaintiff was threatened to sign on blank papers which the plaintiff refused. Though, she continued to reside in Junapara house, the respondent deserted her company, therefore, suit for restitution of conjugal rights was filed.

(3.) The Defendant, in his written statement, completely denied the very existence of marital relationship by stating that no marriage was ever solemnized between the plaintiff and the defendant. It was pleaded that the plaintiff is a divorcee having three children and her marriage has been dissolved on 18.10.2011. The Plaintiff was next door neighbour of defendant's father and during the course of her dispute with her first husband, defendant's father had acted as mediator but taking undue advantage of compassion and help, the defendant has come out with a false case of marriage.