MAMTA Vs. RAJESH

JUDGEMENT

(1.) Aggrieved by the judgment and order dated 26.02.2010 passed by District Judge, Ashok Nagar, in HMA Case No.23-A/2009 "Rajesh Vs.Mamta",, the nonapplicant/ appellant has filed this appeal under Section 28 of the Hindu Marriage Act, 1955. The learned District Judge has allowed the application for restitution of conjugal rights and directed the appellant/wife to join the respondent at her matrimonial home and discharge her obligations as married wife.

(2.) It is not disputed that the marriage of the respondent was ceremonized with the appellant according to Hindu rites at village Sironj, District Vidisha in a "Samuhik Vivah Sammelan" (common Marriage Plat form).

(3.) Brief facts unfolded before the Trial Court is that the respondent/husband filed an application for restitution of conjugal rights on the ground that after the marriage, the appellant had gone to the matrimonial home thrice but the relation between them was not good. She had been pressurizing the respondent to sell out his share of land and to go to live with her at her maternal home. The respondent refused to do so, because his parents were of old age. Appellant left her matrimonial home and was threatening to implicate the respondent in false case. The respondent tried to bring her to his home but could not succeed. The appellant has been living separately without any reason and has been depriving him of his marital life. A notice was given by the respondent which was not replied. Therefore, it was prayed to pass an order of restitution of conjugal rights against the appellant/wife.