CHAMELI BAI Vs. KANHAIYALAL JHARIA

JUDGEMENT

(1.) THE appellant/defendant has filed this appeal under section 28 of the Hindu Marriage Act against the judgment and decree dated 20.2.2002 passed by llnd Additional District Judge, Mandla, in Civil Suit No. 17-A/2000 where by the petition for restitution of conjugal rights under section 9 of the Hindu Marriage Act was allowed.

(2.) THE admitted facts of the case are that the marriage in between the appellant and the respondent was solemnised in the month of April, 1990 at village Devgaon District Mandla according to Hindu rites and customs and they are having two children from their wed-lock.

(3.) THE defendant has denied that she was in habit of leaving the matrimonial house and it is pleaded that her husband used to torture her for demand of dowry and she was forced to leave the matrimonial house. The defendant has further denied that the petitioner had made attempt to put fire after pouring the kerosene oil on her. That the defendant has filed the case under section 125 of CrPC for maintenance of herself and her two children and the petitioner has filed the petition for restitution of the conjugal rights in order to deprive the defendant and her children from getting the maintenance. It is further pleaded that the petitioner is living with any other lady and as such it is not possible for the defendant to live with her husband.