PUNAM Vs. SHRI VIJAI KUMAR

JUDGEMENT

(1.) THIS appeal, preferred under Section 19 of the Family Courts Act, 1984, is directed against the judgment and decree dated 25.04.2008, passed by the Judge, Family Court, Udham Singh Nagar, in Matrimonial Case No. 13 of 2007, whereby the said court has allowed the petition for restitution of conjugal rights under Section 9 of the Hindu Marriage Act, 1955, against the appellant.

(2.) HEARD learned counsel for the parties and perused the lower court record.

(3.) THE appellant contested the petition before the trial court and filed her written statement. She admitted having married to the respondent and that after living for sometime with her husband, she left on 21.05.2006 with her brother, and went to her parental house. Rest of the contents of the petition are denied by the appellant in her written statement. It is pleaded by her that she was studying in B.Ed. and wanted to complete her studies, as such she refused to leave her studies, and continued to live in her parental house. However, it is stated by the appellant in her written statement before the trial court that she is ready to go back to her husband's house, and stay there.