VIJAYLAXMI Vs. VIRENDRA YADAV

JUDGEMENT

(1.) Present appeal under Section 19 of the Family Courts Act, 1984 read with Section 28 of the Hindu Marriage Act, 1955 at the instance of defendant/wife is directed against the judgment and decree dated 04.09.2006 passed by the Principal Judge, Family Court, Bhopal in RCS No.10-A/2006.

(2.) Parties are referred to as they were before the Family Court.

(3.) The application under Section 9 of the Hindu Marriage Act, 1955 was instituted by the plaintiff/husband seeking a decree for restitution of conjugal rights, pleading that he is a business man having a jewelery shop in joint ownership with his elder brother, whereas the defendant/wife is working in the Reserve Bank of India at M.P. Nagar, Bhopal. He has further pleaded that marriage between the parties was solemnized on 21.04.2003, according to the Hindu rites and customs at Jaipur. After entering into the wedlock, they lived together with the joint family at Bhopal. However, after some time the defendant/wife started misbehaving with his family members. She wanted him to ask for his share in the business and property and to live separately with her. During this time, a male child was borne to them but the defendant did not change ways and due to her demand for partition and separation, arguments and quarrels occurred between the parties. The plaintiff/husband refused to accede to her demand, therefore, she went to her parents house in December, 2004. The plaintiff has further pleaded that he filed an application before the Pariwar Paramarsh Kendra on 31.12.2004 but she did not appear there and since then she has been living with their parents and withdrawn herself from his society without any justifiable reason. It is stated that all the efforts made by the husband as well as by his parents to discuss with her to find out a solution, went in vain. In this backdrop, a prayer was made for restitution of conjugal rights.