VANDANA VITHAL MANDLIK Vs. VITHAL NAMDEO MANDLIK

JUDGEMENT

(1.) THE appellant filed Hindu Marriage Petition No. 17 of 1991 in the Court of Civil Judge (Senior Division), Aurangabad, for restitution of conjugal rights, under section 9 of the Hindu Marriage Act, 1955. On establishment of Family Court at Aurangabad, the petition stood transferred to the Family Court, Aurangabad, and then was numbered A. 72/93. The learned Judge of the Family Court by her order dated 3-7-1993 dismissed the petition. Hence, the appeal.

(2.) THE petitioner, Vandana, contended that she got married with respondent, Vithal, on 17-12-1987 at Aurangabad, as per Hindu rites and customs. After the marriage, the husband and wife cohabited for about 8 months at Borgaon Nandur (Taluka : Rahuri, District : Ahmednagar ). At the instance of the family members, the respondent started to ill-treat her because she could not fulfil his demand of bringing money and gold articles from her parents. Her father fulfilled some of the demands but not to the satisfaction of the family members of the respondent and, therefore, the petitioner had to suffer the ill-treatment. However, she continued to stay with the respondent. In July 1988, the respondent was pressing the petitioner to go to her parents house to bring money and golden ornaments. She refused. Then the respondent and his family members, severely beat the petitioner and drove her out of the house and since then she is staying with her parents.

(3.) THE petitioner has further contended that she herself and her relatives made various attempts for resumption of matrimonial relations between her and the respondent. However, the respondent did not take her back for cohabitation. On 24-11-1990, the respondent flatly denied to have matrimonial relations with the petitioner, and that too, without any cause.