SUREKHA Vs. JITENDRA ALIAS DESHPAL

JUDGEMENT

(1.) THIS is an appeal against judgment and decree dated 5 -10 -1998 passed by Sri Chandrabhan, Judge Family Court, Meerut in matrimonial Suit No. 495 of 1996, Jitendra alias Deshpal v. Smt. Surekha and Anr., decreeing the suit for restitution of conjugal rights.

(2.) THE facts giving rise to this appeal are that the Plaintiff -respondent filed the aforesaid suit against the defendants -appellants under Section 9 of the Hindu Marriage Act with these allegations that the marriage of respondent Jitendra alias Deshpal had taken place with defendant appellant No. 1 Surekha on 17 -6 -1995 according to Hindu religion in presence of a large number of persons. Photographs of the marriage ceremony were also taken. Thereafter Smt. Surekha went to the plaintiffs house at village Sarurpur Kalan and resided with him for three to four days, thereafter she went back to her parents' house when her brother came for her Vida. There after she did not come to the plaintiff's house inspite of his repeated efforts and she had deserted the plaintiff without any reasonable and lawful excuse. She had also taken with her the ornaments which were given to her by the plaintiff. Then the plaintiff had suspicion that her parents might have forcibly detained her and might have been forcing her to lead adulterous life with Gulvir, defendant No. 2. Then he moved an application before the Sub -Divisional Magistrate, Baghpat and got Surekha summoned through police. Smt. Surekha appeared and denied her marriage with the plaintiff, Jitendra. Her brothers, uncles and maternal grand mother also gave the same statement. Then the authorities instead of giving her in the custody of the plaintiff, sent her back to her parents' house. Then the plaintiff filed this suit for restitution of conjugal rights.

(3.) FOLLOWING issues were framed by the Judge, Family Court in the aforesaid suit: