RAM AVTAR BAIRWA Vs. SUNITA DEVI @ SANTRA

JUDGEMENT

(1.) THIS is an appeal filed by the appellant against the judgment dated 03.4.2007 passed by the learned ADJ, Delhi thereby granting a decree of restitution of conjugal rights in favour of the petitioner /respondent and against the appellant.

(2.) BRIEFLY stated the facts of the case are that the appellant /husband got married to the respondent according to Hindu rites and ceremonies on 30.10.1990 at Rajasthan. After the marriage, the parties lived together and cohabited as husband and wife and were blessed with two daughters. It was alleged by the respondent/wife in the petition that the appellant/husband had been subjecting her to harassment and mental torture and humiliation on the ground of her having brought less dowry at the time of marriage. It was alleged in the petition that in the month of October, 1999 that is almost after 9 years from the date of the marriage when they had two daughters, the appellant left the petitioner/respondent and her two daughters at Dausa, parental home of the petitioner/respondent and thereafter, he did not come to take them back to the matrimonial home. Since the appellant did not take the petitioner/respondent back to the matrimonial home on one pretext or the other, the patience of the respondent weaned out. Ultimately, the petitioner/respondent on 18.9.2001 approached the appellant but he refused to take the respondent back and resume cohabitation. This necessitated the filing of the petition for restitution of conjugal rights by the petitioner/respondent.

(3.) AFTER completion of pleadings, the following issues were framed:-