ARVIND SAHU Vs. RAJNI SAHU

JUDGEMENT

(1.) THIS is an appeal Under Section 28 of the Hindu Marriage Act against the judgment and decree dated 24. 2. 2001 passed by the Second Additional District Judge, Bhopal in Civil Suit No. 67-A/2000 dismissing the appellant's petition for restitution of conjugal rights.

(2.) THE admitted facts of the case are that the marriage between the parties was solemnised at Bhopal on 20th May, 1994 according to Hindu rites. That at the time of the marriage the appellant was employed in a Private Limited Company at Mandideep and his wife was working in the State Cooperative Bank, New Market, M. P. Nagar, Bhopal.

(3.) THE case of the appellant/petitioner is that few days after the marriage, the petitioner left the service and thereafter his wife started going on and off to her parents' house without consent of the petitioner. That after one year of the marriage inspite of the repeated requests by the petitioner, the respondent stopped coming to the house of the petitioner and refused to live with the petitioner. The petitioner has averred that in the month of January, 2000 a notice was sent by the respondent to the petitioner and when he went to meet the respondent/wife, then his signatures were taken on a blank paper. That the respondent is living away from the petitioner without any rhyme and reason and such the respondent be, Under Section 9 of the Hindu Marriage Act, directed to restore the conjugal rights.