VIDYADHAR Vs. KAMLABAI

JUDGEMENT

(1.) THIS appeal is by the husband -plaintiff who lost the suit for restitution of conjugal rights in the court of District Judge. Raipur, by judgment dated December 11, 1981, in Civil Suit No. 6 -A of 1981.

(2.) THE appellant's case was that the parties were married according to Hindu rites about 10 years before the filing of the suit. They live together as husband and wife for 9 years. in village Pallaspali. In the month of Ashad of 1980, the respondent's father, without his consent, took her away. The appellant went to bring the respondent back twice or thrice, but the respondent's father declined to send the respondent, even though she was a willing party. He thereupon sent notices but yielded no result. When he learnt that the respondent's father has convened a panchayat he went there and requested the panchas to send the respondent back with him. The panchas, however, on account of undue influence of the respondent's father and his brother, got a deed of divorce forcibly executed and also obtained the appellant's signature. The appellant did not want to severe the marriage tie with the respondent. According to him the respondent was keeping away without any reasonable and probable cause.

(3.) THE respondent submitted that during the conjugal life in the appellant's house, he always used to ill -treat her and, beat her several times. He also used to threaten her to kill finally, in the month of Asad of 1980, the appellant turned her out. Ever since then. she is living in her parent's house. She further submitted that she filed a petition under section 125 of the Code, of Cri. Proce, in the Court of Judicial Magistrate, First Class, Mahasamund and when the appellant received a notice of this application, the appellant filed the suit for restitution of conjugal rights in order to set up appropriate defence in answer to the claim for maintenance.