AVINASH KUMAR TRIPATHI Vs. PRIYANKA

JUDGEMENT

(1.) This common judgment shall govern the disposal of both the first appeals filed by husband as both the appeals are arising out of same impugned judgment.

(2.) These First Appeals under Sec. 19(1) of the Family Courts Act, 1984 have been preferred by appellant/husband being aggrieved by the judgment and decree dtd. 11/7/2018 passed by the Principal Judge, Family Court, Katni in Hindu Marriage Act Case Nos.261A/2014 and 265A/2014, whereby the application filed by the appellant/husband under Sec. 13(1)(ia) of the Hindu Marriage Act, 1955 was dismissed and the application filed by the respondent/wife under Sec. 9 of the Hindu Marriage Act was allowed and the appellant/husband was ordered to restitute conjugal relations.

(3.) The facts of the case in brief are that the appellant and respondent are legally wedded husband and wife and their marriage was solemnized as per Hindu Rites and Rituals on 20/2/2011 at Village-Bheda, Police Station-Sleemanabad, District-Katni and at that time, the appellant was in Judicial Service and was posted at Raipur as V th Civil Judge Class-II. On 27/8/2012, they were blessed with a baby girl named Kumari Aradhya. After marriage, the behaviour of the respondent/wife was harsh towards the appellant and his family members. Wife started treating family members of husband with cruelty. The respondent/wife and her family members used to threaten to falsely implicate the appellant and his family members in criminal case. The respondent/wife doubted the character of her husband as and when husband went out to play badminton, by alleging that appellant was consuming liquor and womanizing. On 16/6/2011, the sister-in-law of the appellant namely Shayan Dubey was at Raipur, she was standing outside the house of appellant and shouted against the appellant and thereafter, the appellant reported the matter to the Police Station- Civil Lines. Head Constable and Mr. R.S Tiwari, a Police Officer came and enquired about the matter. The respondent was falsely alleging that the appellant was having illicit relations with the women judges posted thereby doubting his character. She also used scandalous words and made obscene utterances. When the daughter was born to the respondent/wife, the mother of the appellant came to look after the respondent and, on 30/8/2012 when she was in the hospital, the respondent/wife misbehaved with her mother-in-law. Being disturbed by the conduct of the respondent, the mother-in-law of the respondent returned to her home on 1/9/2012. On 8/11/2012, at the time of Deepawali festival, the appellant/husband went to Bandhavgarh to meet his parents and persuaded the respondent/wife to return to her matrimonial home but she refused to go with him and asked him to leave. The respondent/wife continued to stay at her parental home despite appellant requesting her time and again to return to his place of posting but she outrightly refused. Moreso the wife was avoiding to receive his phone calls. In the month of January, 2013, the appellant sent a bank draft of Rs.5,000.00and a letter to the respondent which was though received by her on 19/1/2023 but she neither intimated nor replied to the same.