DEVENDRA KUMAR PATLE Vs. MANJUSHRI PATLE

JUDGEMENT

(1.) The appellant, Devendra Kumar Patle has preferred the First Appeal being aggrieved by the impugned judgment and decree dated 3-5-03 passed by the Family Court, Bhopal in RCS No. 102-A/02 whereby suit for restitution of conjugal rights has been decreed.

(2.) The admitted facts of the case are that the respondent Smt. Manjushri Patle belongs to Schedule Caste and the appellant Davendra Kumar Patle is a Khastriya. The parents of the parties are neighbour in Gautam Nagar, Bhopal. The father of both the parties are working in Institute of Agricultural Engineering, Bhopal.

(3.) The respondent filed an application under Section 9 of the Hindu Marriage Act. She averred that on 10-6-99, she was legally married with the appellant Davendra Kumar Patle. The marriage was a love marriage. On 9-6-99, without informing the parents, they went Nagpur and after marriage from 10-6-99 to 12-6-99 they lived in Gujrat Lodge, Nagpur as husband and wife. The father of the respondents lodged FIR. On 13-6-99, the appellant and respondent came back to Bhopal and they were taken to Police Station, Kolar where both of them admitted that they have got married. From 13-6-99 to 19-6-99, they lived as husband and wife. On 19-6-99, appellant took her to Mandi Deep in connection of his service. The appellant told her that his father is seriously ill and he has to go to Indore immediately. She went Indore alongwith the appellant. At that point of time, the appellant without informing the respondent, alone came back to Bhopal. On 276- 99, the respondent and her uncle met with the appellant. The appellant told them that he has tried to satisfy his parents thereafter he will throw a good party. The appellant and his family members demanded Rs. 3,00,000/-in dowry. On 15-2-2000, the father of the respondent came to know that the parent of the appellant are going to re-marry him on 18-2-2000. Consequently, she filed a suit for restitution of conjugal right against the appellant.