SADHANA SINGH Vs. BHAGWAN DAS ARAKH

JUDGEMENT

(1.) A challenge to order dated 25-1 -2006 passed by Shri Praveen Shah, district Judge, Satna (Annexure P-4) in case No. HM 66-A/05 has been made in the present writ petition whereby an application of the non-applicant/petitioner under Section 24 of the Hindu Marriage Act was dismissed on the ground that it was prima facie established that the petitioner herself was residing separately from her husband in a voluntary manner.

(2.) SHORT facts involved in the petition are that the petitioner and respondent are Hindu by religion and their marriage was performed on 21st may, 2004. The respondent/husband submitted an application under Section 9 of the Hindu Marriage Act for restitution of conjugal rights with the allegations that the marriage was performed without the consent of the petitioner/wife. She had a love affair with a boy residing at Satna. After the marriage, the petitioner accused her husband of making undue demands for dowry and also levelled allegations on his character. She was not prepared to stay with the applicant / respondent. Consequently, the respondent left the petitioner in March, 2005 for her parent's house. He tried to bring her back but the latter did not agree to it. Ultimately, the respondent/husband after issuing a notice submitted a petition for restitution of conjugal rights in the month of May, 2005.

(3.) IT has been stated by the petitioner/wife in the writ petition that immediately after the marriage, the respondent made demand for additional dowry and also made allegations about the character of petitioner inflicting thereby mental torture so it became unbearable for the petitioner to live with respondent. A complaint was also made with the Police Station, Mahila Thana, satna on 12-4-2005 and 15-4-2005 which are cumulatively placed on record as annexure P-1.