NITIN Vs. REKHA

JUDGEMENT

(1.) The appellanthusband has preferred the present Appeal under section 19 of the Family Court's Act,1984 read with Section 28 of the Hindu Marriage Act 1955, being aggrieved by the judgment and order dated 1.4.2015 passed by the learned Judge, Family Court No.2, Nagpur, whereby the Petition No.A.10872013 filed by the respondentwife for restitution of conjugal rights, under section 9 of the Hindu Marriage Act has been allowed.

(2.) The brief facts giving rise to the Family Court Appeal are as under The respondent was married with one Rajesh Balkrishna Deshpande in the year 1998. She has begotten two children out of the said wedlock. There was a divorce between respondent and Rajesh Deshpande on 23.8.2007.

(3.) The respondent lodged a complaint against the appellant at Ambazari Police Station alleging offence of rape and cheating. It is the allegation of the respondent that the appellant has committed rape on her, on the allurement and promise of marriage. The respondent lodged a complaint with the police on 11.9.2013. The respondent lodged a complaint with the Human Rights Commission also. As the appellant started avoiding the respondent and did not keep his promise to marry respondent before the society, she filed a petition for restitution of conjugal rights, under Section 9 of the Hindu Marriage Act.