JANAK RAM PATEL Vs. KAVITA PATEL

JUDGEMENT

(1.) In this appeal, challenge is levied to the judgment and decree dated 31.07.2015 of the Additional District Judge, Sarangarh District Raigarh, CG in Civil Suit No. 16A/2015 whereby and whereunder he allowed the petition for restitution of conjugal rights filed by the respondent/wife under Section 9 of the Hindu Marriage Act, 1955 (in brevity 'Act of 1955') against the appellant-husband.

(2.) This is admitted by the appellant that, the marriage of both the parties was solemnized in year 1995 in accordance with Hindu religion, and customary rites and rituals at village Budeli, in the wedlock two children namely Lokesh Patel aged 19 years and daughter Poonam Patel, aged 17 years were born, the appellant is in service, the appellant used to go for his service place thus, she was living alone in the house, on 13-12-2010 the heap of straw of villager Bhuneshwar Sidar was burnt by someone, Bhuneshwar Sidar and his wife Roopvati abused and beat her saying that she had burnt the same by practicing witchcraft, she narrated the incident to him, she lodged the report against the Bhuneshwar Sidar and his wife, a criminal case is pending in the Court of JMFC, Sarangarh, she is living separately from him since January 2011 in her maternal house, he has refused to keep her along with him in his house.

(3.) In brief, respondent's case is that her husband started annoying believing that she is practicing witchcraft. He got her left to her maternal house. She gave the applications before Agharia community, Baramkela, the District Collector, Raigarh, the District Programme Officer, Women and Child Development officer, Raigarh for living with him. She is willing to lead the conjugal life with him.