P.LAVANYA Vs. P.DINESH RAO

JUDGEMENT

(1.) The petitioner is the wife of the respondent. Their marriage was solemnized on 18-11-2005. They were also blessed with a child. However, on account of differences between them, they started living separately. While the respondent is living at Secunderabad, the appellant is living at the place of her parents' in Hubli, of Karnataka State.

(2.) The respondent filed O.P.No.175 of 2008 in the Family Court, Secunderabad, under Section 9 of the Hindu Marriage Act, 1955 (for short 'the Act'), for restitution of conjugal rights. He pleaded that the appellant left his company without any basis, and as long as the marriage is subsisting, he is entitled to have the company of the appellant. The nature of dispute, that arose between them, was also described.

(3.) The appellant filed a counter, opposing the O.P. She denied all the allegations made by the respondent. She has also stated that the respondent harassed her in several respects, and that she was forced to leave the house of the respondent, under inevitable circumstances. The Family Court decreed the O.P., through its order dated 26-07-2011. The appellant challenges the same. It is pleaded that the Family Court did not take into account, the fact that the OP filed by the respondent was deceptive in nature and he did not even indicate the place, where the appellant must join him. It is further stated that the respondent could not provide for the basic amenities and necessities, that are essential for the couple to lead a family life.