POOJA KUSHAWAH Vs. PREETAM KUSHAWAH

JUDGEMENT

(1.) HEARD .

(2.) FEELING aggrieved by the judgment dated 28/06/2005 passed by the learned Additional Sessions Judge, Shivpuri in Civil Suit No. 45A/2004 Preetam Kushawah Vs. Smt. Pooja Kushawah, by which the application under Section 9 of Hindu Marriage Act, 1955 filed by the respondent, has been allowed, the non -applicant/appellant has filed this appeal under Section 28 of the Hindu Marriage Act, 1955.

(3.) IN short the proceedings before the trial Court was that the respondent - husband filed an application under Section 9 of Hindu Marriage Act, 1955 on 19.10.2004 praying for a decree of restitution of conjugal rights. The respondent claimed that his marriage was performed with non -applicant/appellant four years prior to filing of this application. They lived peacefully as husband and wife for one and half years. The appellant -non -applicant did not want to live with him at her matrimonial home. She pressurized the respondent to live with her at Shivpuri. The applicant - respondent being a poor farmer could not acceded to. The appellant -non -applicant left her matrimonial home and started living at her maternal home.