VAIJANTI Vs. RAKESH

JUDGEMENT

(1.) AGGRIEVED by the judgment and decree dated 19/7/2006 passed by the Principal Judge of Family Court, Gwalior in Case No. 205A/2004 H.M.A., non -applicant wife has filed this appeal under Section 19 of the Family Court Act, 1984.

(2.) IT is not disputed that the marriage of the applicant was performed at Gwalior with non -applicant in the year 1984 by observing Hindu rites.

(3.) HE filed an application under Section 9 of Cr.P.C., 1973 for calling the non -applicant to live with him, a search warrant was issued. The non -applicant lived with the applicant for about 4 -5 years. During this period she used to visit her maternal home without informing the applicant. During this period there was no peace in the home. She was pressuring the applicant to live with her, at her maternal home. But the applicant did not agree to do so. The applicant went to the non -applicant's parental house to bring her back many times with some members of his society. But all efforts brought no result. On 2nd June, 2002, the applicant had gone to bring the non -applicant. She refused to come, she abused the applicant and told him that she does not want to live with the applicant.