SARVESH MOHAN SAXENA Vs. SANJU SAXENA

JUDGEMENT

(1.) HIS appeal, preferred under S.19 of Family Courts Act, 1984, read with S.28 of Hindu Marriage Act, 1955, is directed against the judgment and order dated 30-9-2008, passed by Judge, Family Court, Udham Singh Nagar, in Matrimonial Case No. 119 of 2006, where by he petition moved by the petitioner / appellant for decree of restitution of conjugal rights under S.9 of Hindu Marriage Act, is dismissed.

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

(3.) RESPONDENT contested the petition and filed her written statement, in which she has denied having married to the petitioner. It has been stated in the written statement that the respondent is wedded wife of one Shambhu Nath Sharma. It is also pleaded in the written statement by the respondent that the petitioner - Sarvesh Mohan Saxena, in fact is her brother - in - law (JIJA). It is further pleaded by the respondent that petitioner / appellant Sarvesh Mohan Saxena, got married to Madhu Saxena, elder sister of the respondent. and he had three children from her namely Pooja, aged 17 years, Pankaj aged 7 years and Timtim, aged 5 years. It is stated in the written statement that the petitioner made illicit relations with the respondent, and children Anchal and Deepu were born through such relation. It is also pleaded that on 7-4-2006, respondent succeeded in getting herself freed from the clutches of the petitioner, and sought protection from Inspector, Police Station Rudrapur, Sub-Divisional Magistrate, Rudrapur and Senior Inspector, Udham Singh Nagar, whereafter she got married on her own volition with Shambhu Nath Sharma, son of Ram Chandra Sharma, resident of 41 BHEL Colony, Rudrapur.