HAKIM SINGH Vs. SAPNA

JUDGEMENT

(1.) THIS is an appeal against the judgment and order passed by the learned Additional District Judge, Court No. 2, Budaun dismissing the suit of the appellant being Original Suit No.709 of 2011, Hakim Singh Vs. Smt. Sapna, instituted by the plaintiff/husband claiming relief of restitution of conjugal rights purported to be under Section 9 of the Hindu Marriage Act, 1955 (in short 'the Act').

(2.) THE factual matrix of the case in brief is that the appellant/plaintiff was married with the defendant/respondent on 22.5.2002 as per Hindu rites and rituals as both were hindus. Unfortunately their marriage wrecked on the back -drop of strange relations. The allegations substantially in the plaint are that the respondent wife has deserted the appellant/husband since the year 2006. The appellant has made every endeavour to bring back his wife/respondent but she did not turned up. Rather she demanded that 20 bighas land in the name of the father of the appellant should be transferred to her or a sum of Rs. 5,00,000/ - to be deposited in her name only then she will join the company of the appellant/husband. On 17.11.2011, the appellant went to the fathers' home of respondent/wife but she did not agreed to join the company of the appellant as his wife. The appellant, therefore, filed the suit for the restitution of conjugal rights.

(3.) THE respondent/wife filed her written statement in the court below and admitted the fact that she was married with the appellant. It is, however, emphatically denied that she withdrew from the society of her husband without reasonable execuse. It is alleged that her husband and her in -laws ill -treated her and subjected to cruelty and harassment for being unable to meet the gratuitous dowry demands. It is further alleged that when the dowry demand could not be satisfied, she was turned down of her matrimonial home in the year 2006. However, the dispute between the parties was resolved due to intervension of relatives and well -wishers. Therefore, the respondent/wife again joined the company of her husband/appellant and performed her all obligations as wife. The appellant and his parents again started making dowry demands and for being unable to meet the illegal dowry demands, she was again ill treated and subjected to cruelty and harassment. On 23.7.2011, she was virtually beaten mercilessly and physically tortured then she was again taken back by her parents to their home on 24.7.2011 and, since then she is living with her parents. Therefore, she was constrained to file criminal case under Section 498A and 406 I.P.C. against the appellant/husband and his parents. It is with this reason that the appellant has filed this suit for restitution for conjugal rights as a counterblast. It is specifically pleaded that the respondent/wife has reasonable execuse to withdraw from the society of the appellant/husband.