SUDHA GUPTA Vs. HAR PRASAD GUPTA

JUDGEMENT

(1.) The parties to this appeal got married on Feb. 17, 1993 at Kanpur (Uttar Pradesh) according to Hindu Rites and Ceremonies. At the time of solemnization of the marriage both the parties were in the age group of 35 years. On coming to know that the respondent/husband has filed execution of the decree passed by the Family Court for the restitution of conjugal rights, she has preferred this appeal as she does not want to be forced to have physical relationship with the respondent/husband in execution of the said decree.

(2.) Sh. Om Saran Gupta, Advocate who is not only her counsel but also real brother submits that the appellant/wife is not worried about the decree so long as it remains on paper but the appellant/wife is aggrieved to the extent that in execution she may not be forced to resume cohabitation.

(3.) Relationship between the parties to be of husband and wife is admitted. The parties are having numerous litigations, one of the litigation being a petition under Sec. 9 of the Hindu Marriage Act, 1955, initiated by the respondent/husband on Sept. 29, 2009. The petition was vehemently contested by the appellant/wife. Vide impugned judgment and decree dated Feb. 28, 2015 the learned Judge Family Court held that the wife has withdrawn herself from the society of the respondent/husband without any just excuse at the behest of her brother Sh. Om Saran Gupta, Advocate. The Family Court has also noted that she has been taking care of the children of her brother and discharging her duties more as a sister than as a wife. The Family Court has also noted her family circumstances i.e. death of parents, that being deprived of parental love and affection she was dependent on her brother for all purposes. She could not settle in her life till the age of 35 years i.e. when she got married. The learned Judge Family Court directed the wife to join the company of her husband.