SARASWATIBAI ALIAS SARITABAI Vs. RAMSHANKER

JUDGEMENT

(1.) THE appellant/wife has filed this appeal under Section. 28 of the Hindu Marriage Act against the judgment and decree dated 22. 9. 1998 passed by the Additional District Judge, Gadarwara in Civil Suit No. 44-A/1997 wherein the marriage is dissolved by the decree of divorce under Section 13 of the Hindu Marriage Act.

(2.) THE admitted facts of the case are that in the year 1992 the marriage between the parties was solemnised at village Salichowki, Tah. Gadarwara, District Narsinghpur according to the Hindu rites and customs and they have one daughter and one son from their wedlock.

(3.) THE respondent/husband has filed a petition under Section 9 of the Hindu Marriage Act for the restitution of the conjugal rights on the ground that on 25. 6. 1997 the appellant/wife took his son and daughter along with ornaments and her other articles and left the matrimonial house permanently. That the respondent/husband visited her parental house to bring her back but she had refused to go back to the matrimonial house and said that if any body will try to forcibly take her back, then she will make false report of demand of dowry against him. The respondent has further alleged that the appellant/wife is living separately without any rhyme or reason and she had made false report against the respondent/husband and his family members about her ill-treatment for getting the dowry. It is prayed by the respondent/husband that the restitution of conjugal rights be passed and in case the appellant/wife refuses to live with the respondent/ husband then the marriage be dissolved by the decree of divorce.